The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1899-09-19
WASHINGTON LETTER.
TERRITORY JAIL BUILDING HAS
A DARK FUTURE.
The Department of Justice Feels Little
Interest In Acquiring New Prisons.
The Striking Miners Tronble
Becoming Serious.
Special to the Ardmoreite.

line uKonQOOO OF UQ0 construction
of federal jails at Muscogee, South
McAlester and Ardmore, which were
authorized by the last congress, grows
more remote daily. Last week while
the delegation of prominent citizens
of Muskogee was here, the chances
seemed to improve; this week the
question has lapsed into obscurity,
and there seems to be no probability
that it will be taken up by the Depart
ment of Justice unless the citizens
of the towns exercise extraordinary
vigilance. The explanation for the
delay on the part of the Department
of Juetice, that the United States gov
ernment cannot secure titles to the
sites, is not tangible and should not
meet with the approval of the people
who are familiar with the history of
the government operations on Indian
lands. Within the last few years
congress granted right of way through
the Cherokee Nation to a Kansas
railroad. The Nation endeavored to
prevent the construction of tberoad,
holding that congress had no right
to grant charters across the lands of
the tribe. A temporary injunction
was obtained against the railroad
company and the case went into the
courts. The local courts sustained
the act of congress. Appeals were
taken until the case finally reached
the Supreme Court of the United
States, which is reported in the one
hundred and thirty fifth United
States Ys the Cherokee Nation. The
Supreme Court without a dissenting
voice held that the railroad company
had the right under its charter from
congress to construct its road and to
acquire right of way by condemna-
ton proceeding.
Numerous other cases are to be
found similar to the one above cited,
in each of which the courts have in
variably and without single excep-
ton sustained the laws enacted by
congress providing rights of way for
the different railroad companies.
| But in the case of the construction
of jails in the Indian Territory a tech
nicality has been found. Congress
did not specifically provide for the
requirement of sites by condemnation
proceedings. But the authorization
of the procurement of title to the
land and the construction thereon of
jails, carries with it the implied au-
thority of condemning sufficient
property for sites in the event they
were not obtained by gift from either
the people of the cities, or the Indian
governments.
The whole trouble at the present
time lies in the objection by citizens
of competing towns in the Territory
to the construction of jails in the
three towns designated, because of
the advantages which would naturally
result therefrom. 1t can be stated
without fear of contradiction that
the technical objections which are
now looked upon as so vital were
| dASCONCd ny LdO CAIlHCn5 vi w dkOu0T, ,
who were jealous of Muskogee, and
that the objections were made to ap.
ply to South McAlester and Ardmore
in order to make their case more
plausible. Then following this came
the additional objection that the
amount of money authorized by con-
gress was insufficient to provide suit
able buildings. 1t was claimed that
$40, 900 wonld not permit the construc-
ton of buildings sufficiently large to
accommodate the number of prison
ers who were incarcerated in the sc
institutions at various times. 1t will
be remembered that this question was
presented to the appropriation com
mittee at the last session of congress
Representative Cannon, of Illinois
chairman of the committee, said to
Major Strong, of the Department oi
Justice, when asked to increase the
appropriation from S6O, 900 to s12O 900
''At the urgent request of the De-
partment of Justice we made an ap-
preparation last winter of sec, 900 to
provide new iails in place of the pest
houses and disease pens in the Indian
: Territory. 1t seems to me that the
Department of Justice had better
hrst proceed with the expenditure OF
the amount already authorized, and
If any more money is needed we will
then make an appropriation for it,
J But in spite of this statement the
Department of Justice has proceeded
to have charts and plans drawn with
in the limit of the appropriation
available. The delays which have
) occurred sre almost inexplicable
More than two years ago congress-
made an appropriation to relieve the
wretched condition of the fedora
! jails in the Territory and from thai