The National tribune., 1901-06-06
KIOWA LAND MIDDLE.
The Indians Getting Ready to
Go to COurt-A New Council
This Week-Great Pressure
From the Railroad to Rush
the Opening.

Judge Springer, counsel for the Indians
whose land in Oklahoma was to be opened
soon to white settlement, has prepared the
case and will 90 before the Supreme Court
of the District of Columbia, praying for
an injunction, unless an arrangement be
soon made with the Interior Department
to suspend proceedings until Congress shall
have had an opportunity to review the
legislation so hastily passed last year.
The council of the allied tribes met on
Monday at Anadarko, Okla, to me-
morialize the President and to furnish
credentials to their duly-empowered repre-
scntatives, who will ask the President to
intervene and secure an equitable adjust
ment between the tribes and Congress con-
cerning the disposition of their treaty
lands.
In the suit which Judge Springer has
prepared, Secretary Hitchcock, Indian
Commissioner Jones, and Mr.. Herman,
Commissioner of the General Land Office,
are made respondents. The protest filed
with Acting Secretary Ryan, which was
published in these columns last week, was
referred to Judge Van Devanter, the As
sistant Attorney General for the Interior
Department, and he takes the ground that
the action of Congress is final; that a
fraud was perpetrated upon the Indians,
but that Congress having enacted the law,
the Interior Department can do nothing
but carry it out.
This is also the position of the officials
of the Chicago & Rock Island Railroad,
whose attorney, Mr.. Evans, of Topeka,
Kan, has invoked the good offices of Con
gresham Curtis, of Kansas, to help push
along the opening of the lands and the ad-
justmcnt of all bitches that are occurring,
l, 20 h. 4
people, who have apparently set their
hearts upon large passenger traffic into
that region during the coming season.
There seems to have been some scandal,
or at least hints at scandal, about the loca-
ton of the big pasture along the Texas
border.
1t has been pointed out by the Indians
that this pasture is too remote to be of
any use to them, but, on the other hand,
others point to the fact that it is located
where it will be of the greatest possible
use to Mr.. Burnette, an extensive ranch !
man, whose land adjoins it on the other
side Of the Red River.
OF course, this may only be a coincidence, !
but AIr. Evans is said to have manifested |
a somewhat nervous anxiety about the dis !
cussiOn which has been aroused by the |
location of this enormous block of land in
one body in this particular region.
The question has been asked in some |
quarters as to how the Kiowa and asso- |
ciate tribes secured title to these lands? |
Their title is based upon the treaty |
negotiated in October, 1867, by John B. |
Henderson and John i. Sanborn, with |
these Indians, with the assistance of Gen. |
Terry and Gen. Harvey, which treaty vas !
ratified the following year and proclaimed |
by Andrew Johnson, President, and Will |
lam II. Seward, Secretary of State. By |
the terms of this treaty the Indians gave
up an immense area of the country and |
agreed to refrain from further opposition
to the building of railroads, the passage |
of ernigrants, the carrying of the mails, |
etc; all of which they have kept. |
In return the United States on its part
agreed to set apart the lands now known
as the Kiowa, Comanche and Apache res
ervation, for the use of the KiOwas and
allied tribes forever guaranteeing that
they should not be dispossessed of their
property. The land thus acquired was pur-
chased from the ChOctaws and Chicka-
saws at about 10 cents per acre.