The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1900-09-05
our wftkII WASHINGTON lfTTtR'
JUDGE THOMAS TEMPORARY RE-
sTRAiNINo ORDER
SesrtIes the Officials and Renews the
Old Fight for His Removable win
lndefInItely Postpone TowUsIte
Work I'm the Greek Nation.
Special to the Ardmoreite.

special TO b00 AfOmOr6lCS.
Washington, D. c., Sept. 3.-The
recent order issued by Federal Judge
John r. Thomas, restraining the
townsite board at Muskogee from
selling town lots. as provided by the
Curtis law, has reopened the old
fight for his removal from Office, and
this time with fair prospects of sue
cess. To say that the officials of the
interior department are indignant at
the decision is putting it very mildly.
At the department of justice siml-
lar spirit of resentment prevails.
With the strong pressure that is now
being brought to bear by prominent
Territory people and western MEM
bers of congress, the indications
point to an early termination of his
judicial career in the Indian Terri
tory.
By the law officers of the interior
department, as we'll as the officials
of the department of justice, the de-
cision of Judge Thomas in issuing
the temporary restraining order is
looked upon as an extraordinary one.
Not that the issuance of a tempo
rary Injunction is unusual, but it ap-
pears from the papers received that
Judge Thomas went out of his way
to announce that no sale of lots In
Muskogee or in the Creek nation can
be made until a treaty has been rat
flied betweeen the Greek Indians
and the government of the United
States, and that any attempt to do
so is in plain violation of the rights
of the Indians and-the constitution
of the United States. 1t is custom
ary, in issuing temporary restraining
orders, to simply grant the order
and to reserve the opinion of the
court until the final arguments have
been presented. In this case it ap-
pears that the decision has been rem
dered in advance of the presentation
of the case.
Tbs result of this decision will be
far-reaching in it's effect upon the
townsite work in the Greek nation
The town of Muskogee has already
been plated and appraised and the
sale of lots commenced. AT Wago-
ner, the second largest town in the
Greek nation, the plating and ap-
praising has been practically COM
pleted and the sale of lots would
begin shortly. This decision OF
Judge Thomas, provided he does
not reverse his decision at the final
hearing, which does not seem at all
probable, means that the townsite
work will be indefinitely postponed.
An appeal, of course, will be taken
to the appellate court of the Indian
Territory. A decision from that
court cannot be had, according to
information here, before next April.
The court, it is believed, will reverse
the decision of Judge Thomas; but
in the event that it does not an ap-
peal will then be taken to the su-
preme court of the United States,
where it is almost certain, from the
former decisions handed down, that
a reversal will occur. A decision
from the supreme court cannot be
had for at least two years yet. In
the event that the Greek treaty fails
of ratification by congress next win
ter, townsite work in the Greek ma
tion will be held up from two to three
years yet.
The principal reason for the indig-
nation of the officials here over
Judge Thomas decision is that it is
diametrically contrary to the decis-
ions of the supreme court, which
were before the court at the time the
restraining order was issued. The
question involved is as to the consti-
tutionality of the Curtis law. In the
case of Stephens VS. the Cherokee
nation, which involved the right of
citizenship, the question of the con-
stitutionality of the Curtis law was
raised.
Chief Justice Fuller, in announcing
the unanimous opinion of the court,
said in conclusion:
"The report of the opinions CT the
United States court in the indian
Territory by Springer, j., Clayton,
j., and Townsend, j., contas ned in
these reports, some of which ars to
be found in the report of the COM
missioner of Indian affairs for 1898,
considered the subject in all its as
poets, and set forth the various
treaties, tribal constitutions and
councils, which assumed to deal With
it, but we have not been called upon
to go into these matters as our con-
clusion is that we are confined to
the question of constitutionality."
"As we hold the entire legislation
constitutional, the result is that all
the judgments are affirmed.
This was the unanimous decision
of the supreme court as to the con-
stitutionality of the law. But, in
spite of this decision, Judge Thomas
holds that the sale of lots in the
Greek nation, ms prescribed by the
Curtis law, cannot be made ''until q