The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1899-05-24
CITIZENSHIP DECISION.
SUPREME COURT DECISION MORE
REACHING THAN CONSIDERED.
It SustaIns the cOnstItutIonaIIty of the
Act Creating the Dawes Commission.
Also the Act Authorizing Appeals
From that Body-Other Matters


Special to the Ardmoreite.
Washington, D. c., May 22.-The
decision of the supreme court in the
citizenship cases for the Territory is
more far reaching in it's effects than
it was at first considered. The be-
lief has prevailed for some time
among the leading attorneys in the
city that the court would sustain the
decision of Judge Springer, holding
that there is no right of appeal from
the decision of the supreme court of
the Territory. But the decision goes
further. 1t sustains the constitu-
tionality of the act creating the Dawes
commission, the validity of which
has been seriously questioned by
prominent Western attorneys. The
constitutionality of the act authoriz-
ing appeals from the Dawes COM
mission is also sustained.
But by far the most important part
of the decision relates to the Curtis
law. 1t has been claimed by promi-
nent attorneys that the Curtis law
is unconstitutional. United States
Judge Thomas. of the Indian Terri
tory, even went so far as to write
letter to members of the Creek ma
ton declaring the act to be uncon-
stitutional and asserting mis- belief
that the supreme court would SO
hold it if the validity of the act was
ever considered by that tribunal.
Chief Justice Fuller in his decision
states that he has looked into the
Curtis law at length and finds no
grounds for the notification of the
law, but, on the other hand, he be-
lieves it to be not only constitutional
but valid statute. This opinion of
the supreme court in regard to the
Curtis law will, therefore, have far
reaching effect upon cases now pend
ing in the United States court of the
Indian Territory and others which
will soon commence.
1t has been authoritatively stated by
prominent members of the Cherokee
nation that whenever the department
undertakes to enforce the Curtis
law i'll its entirety in that nation,
the government would be enjoined
in the United States court upon the
grounds that the law was unconsti-
tutional. Similar statements have
been made by prominent mem
nf
decision of the supreme court in
the citizenship cases, therefore, not
only has direct bearing upon the
question decided, but would seem to
settle for all time the contention
among prominent lawyers of the
Territory, that the Curtis law was of
crude construction and would not
be considered valid if the ques-
ton ever came before the supreme
court for discussion.
No action has yet been taken by
the Secretary of the Interior upon
the mineral leases in the Choctaw
and Chickasaw nations, aside from
those relating to the mining of coal
and asphalt. Secretary Hitchcock
appreciates the fact that it is a deli
cate question and although he has
held that the law authorizes the ap-
proval of all mineral leases, he
is desirous of avoiding the legal
entanglements which are sure
to follow the approval of mineral
leases other than those for the min
ing of coal and asphalt. 1t is proba-
BILE that action upon the matter may
be indefinitely postponed, probably
until Congress has an opportunity to
consider the subject.
Judge Vandevanter has handed
down the following decision as to
the right of Secretary Hitchcock to
approve oil leases in the Cherokee
nation:
ITO the Honorable Secretary of
the Interior: l have to acknowl-
edge the receipt of your communi-
cation of the I'd inst, reciting the
provisions of the act of June 2Sth.
| 1898, go Stat, 1885, in relation to
mineral leases in the Indian Terri
tory, and saying:
/ Il have to request that you will
give your opinion whether under said
act of June %, 1898, the Secretary of
the Interior can legally make a lease
| for more than one mine claim of GAO
acres of land to the same person or
corporation; and also whether under
the law the Secretary of the Inte-
rior may legally lease any lands in
| the Cherokee nation in said Terri
tory containing oil, coal, asDhalt or
other minerals until the 1857 900 acres
purchased by the Delaware tribe of
Indians from the Cherokee nation, ,
referred to in the said section 25 shall
have been segregated from the lands
in the said nation.''
The act of June %, 1898, directs
the allotment of lands in severalty
.