The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1900-10-23
Wk HIfIII WASHINGTON ITTIf
win Raise New comp.leatioas Reesrd
lad the Oeesia3 OF the Kiows. Apa.
che aud Comnnche caunery-Gov-
ersmene vim Make New Treaty.
,ecial to The Ardmoreite.

Washington, d. O., Oct. GA de-
cision has been feaehed by the Bu-
preme court of the United States in
the case of the Choctaw nation and
Ohickasaw nation, claimants, 1ya. the
United States. and the wichita and
aMliated bands OF Indlans. defend
ants. The decision OF the supreme
court will not be n unanimous one;
two, and possibly, three Of the MEM
bsrs WIN join In a minority opinion.
The ARDadoREITE correspondent
has been reliably Informed that the
decision win sustain the opinion of
the court Of claims handed down
nearly. two years ago. In which it
was held that the Wichita and afdli-
ated bands of Indians, under treaty
agreements, held oily q possessory
title in the lands occupied by them,
and that the Choctaws and Chicka-
saws have never parted with the til
tie to the lands in dispute. They
sustained the validity of the cession
Of the treaty of October 1s. 1929, by
which the Choctaws and Chickasaws
acquired the possession of this ter
ritory, and held that the treaty of
1886, by which the Wichitas and afal-
lated bands of Indians secured the
right to locate on the lands, gave
them posaessory title only, vesting
the title to the lands in the United
States In trust for the Ohoctaws and
Chickasaws. 1t was held, however,
that the possessory title carried with
1t when the existing conditions were
disturbed by the breaking up of the
tribal relatio ns, individual allotments
The residue of the land, however,
belonged to the Choctaws and Chick
Rsaws. s
The decision of the supreme court
of the United States on THE question
will raise new complications with
reference to the opening up of the
kiowa, Comanche and Apache coun-
try. Although only small portion
OF the land of the Kiowa and Co
manche country Is involved in the
cult, the same question arises with
relation to the entire territory in
dispute. The Choctaws and Chicka-
saws 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. The tribes are
all msmbers of the same treaties, so
that the decision of the supreme
court in the Wichita case will decide
the question in dispute in the case of
the Kiowas, Comanches and Apa-
ches. II the claim OF the Choctaws
and Chickasaws is sustained, the
secretary Of the interior will be i'm
mediately enioined from proceeding
with all allotments on the reserva-
ton and tbs sale of the residue of
the lands.
The decision of the supreme court
will be in direct violation of the act
OF congress, thus rendering the lat
ter Imperative, and the federal
courts in Oklahoma Territory cannot
escape granting iDiunctions against
the secretary of the interior and the
government officials from carving
out the provisions of the act of con-
gress.
Under the terms of the recent
agreement ratified by congress be-
tween the Kiowa, Comanche and
Apache Indians and the federal gov
ernment, it was agreed that 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 all residue lands. Mr..
Stanley. the representative of the
Ohoctaw Indians at Washington, in
formed your correspondent that his
clients would not accept this
amount, and that the government |
would be compelled to enter into a |
treaty with the Choctaw and Chick
asaw Indians before the country
could be thrown open to settlement.
This would require time, and it is
doubtful whether treaty could be
agreed upon and ratified by con-
zress within the next two years.
Thus 1t would appear that the time
'or the opening of the country is
The history of the case now be.
ore the supreme court of the United
states, in which a decision ia ex-
'ected. Is an unusually interesting
me. The lands involved are located
q what Is known az the leased dis.
riot OF the Indian Territory, lying
'etween the ninety-eighth and one
lundredth meridians of west lonei-
ude. This district contains 7,715,-
25 acres, and is part OF the country
eded to the United States by France !
n 1903 within the Louisiana pur-
hase. The case arose out of agree ,
aents entered into between. the
'nited States and the defendant In
isus, by which the Indians ceded .
nd relinquished to the United
tates their claim. title and interest
the tract Of country within the
,ased district mentioned, and the
Inited States stipulated to nlIot the