Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1900-10-25
rGAIEST THE WlCHITAS.
Land Claim Settled by the
Supreme Court.

A decision has been reached by
the supreme court Of the United
States In the case of the Choctaw
nation and the Chickasaw nation,
claimants, VS.. the United States
and the Wichita and affiliated
bands Of Indians, defendants. The
decision Of the supreme court will
not be an unanimous one; two, aud
possibly three, Of the members
will join in a minority opinion.
1t ls understood that the deci.
sion will sustain the opinion OF the
court Of claims, handed down near
ly two years ago, in which it was
held that the Wichita and affiliated
bands Of Indians, under treaty
agreements, held only a possessive
title in the lands occupied by them
and that the Chootaws and Chick
asaws had never parted with the
legal title to the lands in dispute.
The court Of claims sustained the
validity Of the cession Of the treaty
Of October 1s, 1920, by which the
Choctaws and Chickasaws aoquir.
ed possession Of this territory, and
held that the treaty of 1886, by
which the Wichitas affiliated bands
Of Indians secured the right to 10.
cate on the lande, gave them a
possessive title only, vesting the
final title to the lands in the Unit
ed States in trust for the Choctaws
and Chickasawa.
II WAS held, however, that the
possessive title carried with it,
when the existing conditions were
disturbed by the breaking up Of
the tribal relations, individual al.
iotments. The residue Of the land
however, belonged to the Choc-
taws and Chickasaws.
The decision Of the supreme
court Of the United States on the
question will raise new complica-
tions with reference to the open
ing up Of the Kiowa, Comanche
and Apache country. Although
only a small portion Of the land of
the Kiowa and Comanche country
is involved in this suit, the same
question arises with relation to
the entire territory in dispute.
The Choc,aws and Ohickasaws
claim the same title to all the
lands on the Kiowa, Comanche
and Apache reservations that they
had to the lands occupied by the
Wichitas and affiliated bands.
TO SETTLE OTHER CONTESTS.
All the tribes are parties to the
same treaties, so that the decision
Of the supreme court in the Wioh-
ita case will decide the dispute in
the case Of the Kiowas, Conan
ches and Apaohes. II the claim
Of the Choctaws and Chickasaws is
sustained the secretary of the in
terror will be Immediately en-
joined from proceeding with all al.
lolments on the reservation, and
the sale Of the residue Of the lands.
The decision of the supreme
court is expectee to invalidate the
act Of congress; and the federal
courts in Oklahoma will, therefore,
be obliged to grant injunctions
against the secretary Of the inter
ior and the government officials ia
restrain them from carrying out
the provisions Of the act Of con
gress.
Under the terms OF the recent
agreement, ratified by congress
between the Kiowa, Comanche anC
Apache Indians and the fedora
government, II was provided tha
the sum OF one million dollars
should be placed in the treasury
of the United States to the credit
of the Kiowa, Comanche and
Apache Indians in payment for al
residue lands, Mr.. Stanley, tht
representative of the Choclaw In
dians at Washington, says hil
clients will not accept this amount
and that the government will b'
compelled to enter into a treaty
with the Choctaw and Chickasav
Indians before the country can bl
thrown open to settlement. Thi
would require time and il is doubt
ful whether a treaty could bI
agreed on and ratified by congress-
within the next two years. Thus
1t would appear that the time foI
the opening OF the country il
problematical.
HISTORY OF THE CASE.
The history Of the case now be
fore the supreme court of thu
United States is an unusually in
terestiog one. The lands involved