The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1900-04-21
DON I SUIT HITCHCOCK
Creek and Cherokee Agree
mentS Both Objected 10.
TO SUCCEED POLLOCK
Three Well Known Names
Are on the List.
POLLOCK

Guthrie, o. T., April 2O.-Advices from
the Creek nation indicate that the tri-
bal authorities will net accept or ratify
The Creek agreement if the views of the
secretary Of the interior prevail in ref
erence to certain amendments proposed
by him This has reference especially to
that section providing that congress shall
guarantee the title to the lands allotted
70 individual citizens. The secretary's
principal objection is to this particular
section Of the agreement 1t is clear
that if this guarantee is withdrawn or
limited in the agreement by congress. it
will not be ratified by the Creeks when
submitted to them for a vote. They in
slst on taking their lands free from any
incumbrance whatever, and especially
Tree from mining leases. 1t is stated that
mining syndicates expect to secure large
mining interests in coal, oil and gas in
the Creek nation. The Creeks state that
the ratification of the treaty, as agreed
upon, would interfere with the plans of
the oil syndlcates and they say they
stantially as it was signed or they will
not indore it when submitted to them
after leaving congress.
In regard 10 this Creek agreement the
secretary finds a number Of objection
able features. He states:
AFTER careful consideration Of this
agreement, I am not willing to recon-
mend its ratification by congress. It is,
however, the best agreement which the
commission was able to obtain from this
tribe, and is the result of continuous
work on the part Of the commission.
'Omitting all reference to minor ex-
ceptions TO this agreement, it seems to be
subject to the following serious objec-
tons:
"First-The provisions for the allot-
ment in severalty to the members of the
tribe are many of them, confused, i'm
practicable and ill-calcuated oprotect
the Indian against an inprovident dis
position Of lands after allotment.
*Second-The provisions respecting
townsites are limited to certain manner
towns ranging in population from less
than coo to more than 1900, and emitting
several towns having a much larger pop !
ulation than some of those named.
"Third-In section IS provision is made |
for the execution of conveyance by the |
principal chief 70 allottees and town pur-
chasers with an accompanying provision |
to the effect that all such conveyances
.hall be approved by the secretary Of the |
interior; and that this approval shall |
serve as a guaranty to the grantee of |
the title of the land conveyed. There is |
no precedent for this Neither patents |
issued by the United States under the
rublic land laws nor the patents issued |
10 the Indians under the general allot-
ment contain any covenants nor do they
operate as a guaranty of title. The
Creeks have had a qualified title to their
lands for many years; have long been in
possession thereof; have been maintain
ing a qualified government of their own
and have assumed to make leases and
other dispositions of their lands. which,
while probably ineffective, would cOnsti-
tute a serious objection to the govern
ment guaranteeing a title intended to be
conveyed to allottees and town lot puv-
chasers.
Observation-Disclosures NJ Of section q of
the agreement. taken together with sec
ton 400 would leave in doubt the status
of the courts of the Creek tribe. It was
one purpose of the Curtis act to abolish
these courts and every consideration is
against reviving them, and therefore, Tie
agreement should not leave this matter
uncertain.
"Fifth-Section so refers all claims of
whatsoever nature which the tribe or in
dividual members thereof may have
against the United States to the senate
of the United States for determination
or arbitration. and provides that the
same shall be determined by the senate
within two years from the ratification
OF the agreement. The presidents Of re-
cent years have been along the line Of
referring claims of this character to the
court of claims.
'Sixth-The provisions with reference
to the enrolment Of citizens are not as
clearly stated as matters of this kind |
should be and would be difficult OF exc
cution.''
Neither does the Cherokee agreement
fully meet the approval Of Secretary | :
Hitchcock. who recommends that sections
10 and Il Of the agreement be thus
amended:
Section 10.-Lands allotted to citizens
hereafter shall not in any manner what :
soever, or at any time. be ensumbered.
taken or sold to secure or satisfy any +,
debt or obligation contracted or incurred
prior TO the deed OF the allottee thereof: ,
and such lands shall not be alienable BY
the allottee or his heirs at any time be ;
fore the expiration of five years from the
ratification Of this agreement. eNcept