The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1901-11-05

department of the interior. man of unu-
sual ability and in whose judgment the
secretary has implicit confidence. Before
Judge Van Devanter had had time 20
consider the question a controversy arose
over the power OF the government TO open
the kioWa and COmanChe lands IN Okla
hCma. under a treaty ratified June ., l5Vl.
Attorneys for the Indians asserted that
No treaty had been procured by fraud,
which was. at leasth partially cQrrOROi
8tod by reports sent to congress by Sec
retary hUchcocks predecessor IL was as
eit that the number who signed the
grttment fer the sale OF their lands 40
the government was insufficient, there
being less than three quarters of the male
ADULTS Of the tribe as provided tor m
"a former treaty between the Indians ana
the government Judge Van Devanter saw
In these cases an opportunity TO put IN
force the very plan desired by the secre-
tary and at the same time TO nave the
validity Of the department decision pass
ed upon by the courts.
When the suits were instituted Judge
Van Devanter took the position that CON
gress could repeal any treaty with az
Indian tribe az viii without the consent
of congress superseded a prior treaty, and
that "a treaty superseded a prior act OF
congress In other words, that Where a
treaty and an act of congress We're IN con-
flict with the latter obtained ana become
effective while the former was rendered
nugatorA and void.
In opposition to this the attorneys for
he lnuians set up the contention thnl
| roperty rights were involved ana thai
be constitution OF the United states
,uaranteed 10 each person "a right TO hi.
property except where Il was taken from
aim by due process OF law. Ihey con-
ended that a legislative degcree was not
| mc process Of law.
The decisions Of the courts have been
.hus far m line with the plan mapped
| lut hN judge Van DeNanter Appeals
| have been taken ia these cases 10 the su'
preme court though there rs a general op
| inion that that tribunal viii sustain tht
| ecisons of the lower courts.
just now novel proposition Is before
| The supreme court of the District. IL en-
/ wolves large intCrc o., and rs of much in
portance 90 Western capitalists; hkewis'
| co the Cherokee nation. An attempt De
| being made 10 cnloiu Che secretary of th'
(, interior from leasing the Oh. coal as
phalt aud other mineral lands IN the Nnrr
okce nation, which the secretary IS au
| thorzed 10 do under the Curtis act. 2 h'
ldeiarrment has taken the position tha
| congress- has the power TO pass such law
/ governing tho Cherokee people and proN
/ mg for the disposition OF their lands ul
it may see ht. Notwithstanding the fac
that The patent for the lands emhrace'
/ Within the Cherokee nation was giNel
10 tnc Indians in ISIS hy the government
The Curtis law authorized the secretar'
of the interior 10 approve leases, wde
certain conditions. FOR mineral lands II
the nation ID also made provision Tor IN
disposition ~ the revenue thus derived
The secretary was about 20 perform th
duties imposed upou him by the law whel
Ian injunction suit was instituted. IN
Cherokee Indians occupy a different posi-
tion from that OF any other tribes cr na
tions.
When they purchased their lands the
secured "A patent on "a deed 10 the prop
erty. patent was issued which wa
little less than a Zee simple, The onl
reservation made by the government Wa
that in the event the land was al am
time abandoned hy the Cherokees u shout
revert hack 20 the government
The attorneys for the Cherokee natio
, c0ntended that the government has n
I more mower to 90 behind a patent issue
10 the Cherokee nation aud lease the Ian
B embraced within the patent than the
have TO take the londs OF a homesteadf
Ca which patents have been issued by "a