The times., 1901-06-20
MINERAL RIGHTS OF INDIANS.
Secretary Hitchcock Asked to Pro-
tect Them From Outsiders.


Ex-senator Thurston of Nebraska and
Ex-Governor Crawford, of Kansas rep
resenting the Cherokee Oil and Gas Com
pany, recently filed with the Secretary OF
the Interior petition asking that the
company they represent be allowed to
continue its work under the mineral
license dated August g. 1890
AS protest against the granting of the
petition the following letter has been
Med with the Secretary of the inteior by
Richard G. Adams representing the Della
ware Indians:
ITO the Honorable the Secretary of In
terror. Washington, d. c.:
Sir In behalf of the Delaware Indians,
cltlzens of the Cherokee Nation, in inter-
est of their rights as Delaware Indians to
I5I,6 600 acres OF land bought of the Chero-
kee Nation under the guaranteed prDtec-
tlon OF the United States and the abso-
Lutte guarantee of the Cherokee Nation
that the continued ownership and occu-
pancy of said land by any Delaware so
registered shall not be interfered with In
any manner without his consent, and in
interest of the Delaware Indians as citi-
zenS of the Cherokee Nation, l desire to
earnestly protest against your depart
ment granting a lease or leases to the
Cherokee Oil and Gas Company or any
other mining company that viii interfere
with or in any manner infringe upon the
premises, rights, and properties of the
Delaware Indians.
''In the petition of the Cherokee oil and
Gas Company, recently filed in your de
partment you will find attached thereto
copy of mineral license. dated the 9th
day of August. 1890. The condition of the
license is as follows:
" Provided. that the domain or tract or
any part thereof above described, is not
within or does not infringe upon the i'm
provements or legal boundaries of any
other citizen or mining company, nor shall
SO infringe without the written consent
afc 9th rsrf or ny
This clause Of the mineral license rec
ognizes the rights of the individual citi-
zens and especially the rights OF the Della
ware Indians, whose rights antedate the
the law authorizing il by seventeen years.
Whatever the right may have been TO
operate under this mineral license, it ex-
pired on August 9, 1900, and there is ample
evidence that the consent of neither the
Delawares nor Cherokees could be obtained
for the renewal of a license of any kind
dividuai citizens, or that would in any
manner affect the titles to their lands
after allotmentS are made.
THE vote recently cast on the Chero-
Kee agreement proves this fact conelu-
siyely. Section 70 of said agreement, which
was inserted by Congress, was so worded
as to confuse the voters on the subject
While both the DelawareS and CherokeeS
were willing TO accept almost any kind of
an agreement that would give TO them
their lands in Seyeralty, still the peculiar
wording of this section, and the question
as TO why it was there at all, even II
harmless, created suspicion enough in the
minds of the voters TO justify them to re-
ject the agreement for fear that the said
section might be an incumbrance on their
homes forever. While 1 myself differed in
this question with the majority and even
worked and eiectioneered for the passage
of the agreement, believing it was the
best thing for the people, L could not help
but feel in sympathy with them and
could not blame them, thus in doubt, for
voting against 1t
Surely no intelligent man wants a
home that some other person or foreign
corporation has a right TO go upon and
mine for mineral that is under his land
without consulting his wishes, and by 50
doing perhaps destroying the greatest
people are as intelligent and as conpe-
tent TO look after their own affairs as
the men who seek leases; even If they
We're not, they are the owners of the
soil, human beings with the rights of
other human beings, ard now citizens OF
the United States, claiming the protec-
tion of the Constitution which was ex-
tended TO the Indian Territory in 1880 by
act OF Congress, and who should have the
right to handle their own estates The
Delaware Indians, whom l represent,
have in actual possession and cultivation
several thousand acres of the land within
the tract embraced in the application for
lease by the Cherokee Oil and Gas Com
pany. Every dollar in the world These,
on their land. What encouragement can
they have to build a home and improve
it, feeling such insecurity as they must
feel by reason of the uncertainties of
their rights?
In conclusion, we believe that We the
Delaware Indians, have better right TO
ask and demand the protection of the
Secretary OF the Interior in the security
of our rights than have any oil or mining
companies to ask the right to forever
embarraSs Us.
lin A.
pending before your department, we will
forever pray"
1t is alleged that the Standard Oil in
terests are back of the Cherokee Oil and
Gas CnrnnaDy