The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1901-06-18
THE kIOwA RESERVATION.


suggestion of the court, and the writ
was not issued.
Some amusing incidents occurred
during the submission of arguments
I'm the case. While Jddge Springer
was addressing the court he took oc-
casion to refer to the manner in
which the act Of June 8 passed the
house, being attached, as it was, as
rider to the TT. Hall military reser-
vation bill. He charged that it was
surreptitiously passed through con-
gress, and that there were but few
members of the house who Understood
the nature of the legislation being
enacted. Then in a solemn voice he
declared that after examining this
law and the manner of It's passage by
congress, he was ashamed Of the ac-
ton of the congress OF the United
States, which ought to cause blush
OF shame upon every member OF the
house at that time, and that he re-
gretted that legislation was being
enacted in such dangerous and
scandalous way. To this Judge
Bradley humorously remarked that
frequently Of late when he was about
to pass sentence upon q prisoner, hs
was in doubt as to whether he should
send MIN to the penitentiary or to
congress. This witty reply caused q
rosr of laughter among the specta-
tors in court.
Judge VIM. j. Van Devanter, the
brilliant, able, young assistant attor-
ney general of the United states,
who represented Secretary Hitch
cock at the hearing, furnished
amusement to the lawyers present
by submitting an argument to the
court which was in direct contradic-
ton OF decision he had rendered
for the guidance of Secretary Hitch
cock in relation to the mineral pro-
visions of the act of June 8, 1900.
Immediately after the passage of the
act In question, Secretary Hitchcock,
as well as prominent senators, we're
amazed to learn that the act provid-
ed that should any of the lands of
the reservation "contain valuable
mineral deposits, such mineral de-
posits shall be open to location aud
entry, under the existing mining
laws of the United States, upon the
passage of this act" That enabled
miners to take raineral claims inn
mediately after the president signed
the bill, and long before the re-
mainder of the reservation was
open to settlement.
At hrst Secretary Hitchcock was
at loss to understand how he could
keep of the reservation "sooners"
and other people who might go there
under the guise of mineral claimants.
Finally the question was referred to
Judge Van Devanter, who handed
down an elaborate opinion holding
that upon the passage of this act"
referred to the opening OF the reser-
vation by presidential proclamation,
and that no mineral claim could be
taken until the president had per-
formed his part of the act of con-
gress in declaring that the reserva-
tion was open to settlement.
In his argument before the court,
however, Judge Van Devanter took
a different position. Judge Springer
contended that under this act the
mineral laws OF the United States
were extended to the reservation
hrst, and that therefore the mineral
claimant had priority of rights over
the settler, or In fact over the allot-
tee. He contended that allotments
to the Indians were not free from
the location OF mining claims. and
that their lands could be taken un-
der the mineral laws of the United
States without compensation to the
Indisns, and that they had no 70.
dress Whatever. In reply Judge Van
Devanter took mp this provision and
ansiyzed 1t carefully. After reading
the section through he inquired In
stentorian tonss, "And when does
this become opsrstivs?" Answer
ing his own question he declared,
upon the passage of this sct," to
which there was a general litter
among the attorneys in the court.
After the conclusion of the srgu-
ments your correspondent asked the
assistant attorney general when the
mineral provision of the act Of June
9th, 1900, became effective? "You
heard my argument" Judge Van
Devanter replied.