The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1900-10-28

coNcERNINo OPENING WICHITA
RESERVATION.
A Recent Supreme Court Decision
VIII Not Interfere, bat All Kinds
of Obstacles WIN be Interposed
by wealthy cattiemen.
ananial tn tha Ardmoreite.

the announcement that the supreme
court of the United States viii prob
ably sustain the decision of the court
of claims In the case involving the
title to the lands In the Wichita res
ervation In Oklahoma territory, the
question % to whether the Choctaw
and Chickassw nations can enjoin
the government oflicials and prevent
the opening of the country to settle
ment has been carefully considered
by the cfficials of the interior de-
partment. The Wichita case In itself
is not of vital Importance, but when
it is remembered that the decision in
this case will also decide the points
now in dispute Ia relation to the
Kiowa, Apache and Comanche coun-
try it becomes one of very general
interest, n the supreme court sus.
tains the decision of the court of
claims in the Wichita case, sis con-
hdently believed it will, the right of
the Choctsw and Chickasaw nations
to enjoin the government officials
from opening the residue lands to
settlement also rises in connection
with the Kiowa, Comanche and
Comanche country.
After an examination of the stat
utes 1t has been found that the de-
cision of the supreme court will not
in any way affect the opening up OF
the country under the terms of the
recent bill passed by congress. An
Injunction can not lie against the
federal government. Its representa-
tives may be enjolned, but in the
opinion of the officials 1t is hardly
probable that an Injunction could be
secured against the representatives
of the Interior department, who are
intrusted with carrying out the pro-
visions of the law.
Attempted iniunctions, however,
may have the effect of preventing
the settlers from going on the lands
and taking allottments, They would
scarcely care to make improvements
on their claims with the title to the
land in dispute. 1t is also probable
that they would be harassed BY in
functions, thus delaying the settling
up of the reservation.
1t is held by officials at the Interior
department that the only recourse
the Choctaws and Chickasaws will
have, unless congress should inter
veDe, would be in claim against
the federal government. A settle
ment of such q claim could only be
effected through q resolution in con-
gress authorizing the Choctaws and
Chickasavs to bring suit against the
government or a direct sppropria-
ton to pay their claim.
1t is probable, however, that addi-
tional complications will arise before
the allotting agents in the Kiowa and
Comanche country have completed
their work. A determined effort is
to be made during the coming ses-
sion of congress to secure the repeal
of the act passed last winter opening
up the country to settlement. The
cattlemen Of Texas, Oklahoma and
Southwestern Kansas who have pas
tured their herds on the reservation
in years past are at the back of thii
movement. They intend to prevent
the opening of the country to settle
ment If possible. And they have
many friends in congress. The re-
peal will be vigorously combatted By
the prospective settlers and the rail
road companies, notably the Rock
Island and the Santa Fe, which were
instrumental in securing the passage
of the bill opening the country tc
settlement.
1t has recently come to light thai
when the bill ratifying the treaty
with the Kiowa, Comanche anC
Apache Indians passed the house
and senate last spring that the rep
resentatives of the cattlemen out
witted the advocates of the bill.
was through their adroitness that M
appropriation was made to carry tn,
law into effect. By these men it wa
believed that the country could no
be opened until after congress re
convened in December when al
effort could be made to secure tn,
repeal of the law and at the sam,
time raise large lobby fund from
the herdsmen.
The railroad people, however, vii
insist on an appropriation at th,
coming session of congress whicl
will enable the department official
to speedily complete the allotment
and at the same time will vigorousl,
combat any attempt to secure tn
repeal of the law. A lively fight i
promised, which may result In inac
ton owing to the short time II
which congress viii be in session.
DR.. CaldweIl's Syrup Pepsin is nov