The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1901-05-24
REDSKINS
FILE THEIR
PETITION
Indians VIII Get a Hearing
From Vandeventer
MANY QUESTIONS RAISED
Springer Said to Have IMAM
Swerable Argument
MANY QUESTIONS RAISED


against the opening of the Kiowa and
Comanche reservations in pursuance with
the congressional act OF June 6. 1900.
Today Acting Secretary Ryan accorded
/ Judge Springer, attorney for the Indians,
and the delegation a lengthy hearing. The
disputed questions were gone over and the
secretary was sufficiently impressed with
the contentious of the Indians that he
agree dto refer their remonstrance to As
sistant Attorney General Vandeventer for
legal opinion.
ne department finds itself in pecu-
liar position in attempting to enforce the
provisions Of the act Of congress for the
opening of the Kiowa country. 1t is
! called upon to enforce the law which Sec
rotary Hitchcock and Commissioner
Jones. in official reports to congress in
January. 1900. asserted could not be exc
cuted
Secretary Hitchcock and the legal divis-
! ion of the department have held repeated
( " that the Jerome treaty Of 1892 was not
valid and could have no binding effect
upon the Indians. yet congress nine years
after the purported ratification Of that
4 treaty by the Indians confirmed it against
/ protests of the department
Judge Springer, in his petition filed to-
day by the Kiowa Indians, calls attention
! to the secretary's recommendations and
insists that the opening Of the country
should be postponed until congress should
have an opportunity TO repeal the act of
June 5. 1900 or provide for the submission
Of the treaty as amended by congress to
the Indians for their approval.
Many questions raised by Judge Sprin-
ger are admitted at the department to be
almost unanswerable In fact, while the
department is anxious to enforce the law,
prevailing opinion is that it is poweTless
to do SO If the Indians carry their case
into the courts.
In the absence of Secretary Hitchcock
no action viii be taken by the department
as it is admitted that the questions pre-
scented are Of sucn vital Importance that
they should receive his personal atten-
ton. In the meantime the petition has
been referred TO Judge Vandeventer, who
will carefully examine 1t and prepare
report for the guidance Of the secretary
in considering the subject upon his return
A portion Of the Kiowa delegation in
the city left tonight for their reservation
for the purpose of calling a general coun-
ell. at which duly accredited delegates
will be lected % come to Washington to
present their case, The protest filed with
Acting Secretary Ryani which sets forth
the case of the Indians, is in full as fol- I
lows:
Hon. Thomas Ryan, Acting Secretary OF
the Interior;
Dear Sir: The undersigned members /
of the Kiowa tribe of Indians in OklahO- /
ma territory respectfully represent to /
you that they have recently learned with (
great surprise and regret that congress, +
did on the 9Th day of June, 1900, ratify and /
put in force the so-called Jerome treaty +
Of 1892 with the Kiowas, Comanche and /
Apache tribes of Indians. They respect /
fully call your attention to the following I
facts, which are supported by the records [
of the interior department:
''The honorable secretary of the inter
Tor, Mr.. Hitchcock, transmitted a letter
to the speaker of the house OF represen-
tatives on the 22d day of January. 1900,
in which he inclosed letter TO him from
the honorable commissioner of Indian af-
fairs of January 5, 1900, and also trans
rnitted memorial of said Indians adopt
ed at Mount Scott, Ok, October 9. 1899,
protesting against said treaty. These
letters and memorial are printed in house
document No. 333 Of the first session Of i
the ffty-sixth congress. In his letter he
calls attention to the fact that the In
dians have almost from the date of execu-
ton of the agreement protested that the
matter was misrepresented 70 them by
their interpreters, and also to the further
fact that besides wilful misrepresenta-
ton and false translation to the Indians,
as charged. TO influence their action and
induce them TO sign the agreement, the
department was also misled by the Ger
tihcate of the Indian agent that the num-
Der of Indians who did sign il comprised
more than three fourths Of the adult male
membership Of the tribe.
The memorial which was adopted at
Mount Scott nearly eight months before
congress ratified said treaty. stated that
II this treaty is ratified we are doomed
TO destruction as people Both these
letters that Of the secretary and Of the
secretary and Of the eommi ssioaer % In
dian affairs. earnestly advised against
ratification OF the treaty by congress and
called attention TO the fact that the said
memorial was signed BY 81 adult males
of the tribe: that there were only s56
names signed to the said so-caBed treaty
which as stated bE the secretary OF the
interior. was twenty-three less than
three-fourths Of the whole number OF
male members OF the tribes over n years
of age; that the number signing the said
memorial was more than three-fourths Of
al male and adult members OF said tribes.
the whole number Of male members over
q years OF age being 6s according 70 the
aforesaid letter Of the secretary Of the
interior.
MISUNDERSTANDING the objections II the
interior department and tle earliest pro-
tests ana hnmhie petitions Of the Indians
themselves congress after amending the
said treaty or agreement l. many partic-
uiars. ratified the same and put Il in force
without slbnittlHx the agreement as thus
amended 20 the Indians -or their appr0v-
al The klowe. CoEnanche ard Apache
Indians IN Oklahoma territory are unan-
imouslv opposed II this sc-csiied treaty.
signatures were procured - i - fraud.
ulisrcure sntaton and faisehood- three
fourzls e the adult male members - the
tribes have never signed the sarne. ana il
20 rect can said treaty b. REGARDED
as baving been sEree3 q ~ the i15ians-
The sai7 agreement provides for tAe
sels - znaae acres cf their lands So
price greatly below Us real vaile. and
far ths allotment ~ the cther lzuds iu a
g-antrv too small Ter the Sisters 81
r.ew IF TIE quaiitv ~ the lands The
1iawa. consreae ana Areche trfaes q
lrsians have tlue ara arsr. rspuilstad
said Fraudulent rreaty Thsir te.eEates
have a1peas41 before committees q coa-