Evening star. [volume] (Washington, D.C.) 1854-1972, 1901-08-21
THE OKLAHOMA LANDS
ARGUMENTS HEARD TODAY ON RULE
AGAINST SECRETARY HITCHCOCK.
Claims to Realty Based ON Act Of Con-
Gress-PetitiOn for Man.
HaMuS.


the District Of Columbia today heard argu-
ments In connection with the rule issued
against the Secretary Of the Interior re-
curing him to show cause why he should
not be compelled by writ Of mandamus to
approve selections Of quarter sections IN
the newly opened lands In Oklahoma terri
tory. made by Emmett Cox. Percy Zadoka
and Mamie Zadoka, Willis c. West, VII
liam G. Williams, G. w. McCampbell, Lyon
K. Bingham, Thad Smith, Robert Curtis.
Robert L. Williams and Ethel Williams,
Charles Williams and Lillian Williams and
Jack McLain. and to withdraw the selected
lands from settlement under the home
stead laws Of the United States. The petit
TONERS include Caddo Indians, several OF
whom have married white women. and a
number of white men who have married
Caddo Indian women. The claims are based
years ago granting certain land to mem
bers of the Indian tribes affiliated with the
Wichita Indians.
Demands of Petitioners.
The court was informed in behalf of the
petitioners that the United States by act
of Congress agreed to allot to each and
every member Of the Wichita and affiliated
bands OF Indians in the Oklahoma terri
tory, native and adopted, 100 acres of land.
They regularly applied for the allotment to
each of them Of 160 acres selected and To-
Gated by them, it was stated.
Notwithstanding their rights, It was
pointed out. the Secretary of the Interior
refused to allot to the petitioners the lands
selected by them. and meant to open up
the lands to settlement. under the home
stead laws OF Che Omitted States II this
should be dohe, say the petitioners. they
would be deprived b0f and precluded from
enjoyment, occupation, use and possession
of lands to which they claim under the
Emmett Coz is said to be a son-in-law OF
the famous Quanafa Parker. the big chief
of the Comantf7es; William G. Williams Is
the president tgf q bank and Is largely IN
terested in cattle raistng. and the other
petitioners are engaged in cattle raising,
merchandising and farming. All have been
living on theft places for years, and have
cultivated and improved the land selected.
claim to be members of the tribe through
marriage and adoption, and have been
recognized as suchs Most of them ass1rt
in their petitions that they were denied the
they say they. are entitled under the law.
C. Shelley. Waiter q, Field and Clayton e.
Ewing appear for the petitioners, the Sec
rotary Of the Interior being represented by
Mr. Ashley NJ. Gould, United States attor-
ney for the District Of Columbia.
Mr. Gould's Argument.
United States Attorney Gould argued that
the petitioners have not by their petitions
set forth facts sufficient to require the
Secretary OF the Interior to perform the
acts asked Of him in the petitions. In sup
port Of this contention it was declared that
the subject matter set forth in the peti-
tons Is purely Of executive cognizance,
resting in the judgment Of the Secretary
Of the Interior In the ordinary discharge OF
his official duties. Further. declared United
States Attorney Gould. the subject matter
Is one in which judgment and discretion
are to be exercised In addition he main
tained that the petitioners have fun, COM
plete and adequate remedy for the enforce
ment OF their rights without resorting to
the extraordinary proceedings in man
damus, and because the petitioners do not
state facts sufficient to constitute a cause
of action.
United States Attorney Gould asked that
the rule to show cause issued against the
Secretary of the Interior be DISCHARGED and
that the petition be dismissed at the cost
Of the petitioner.
Justice Barnard took the case under adj
visement and stated that his decision would
be rendered early next week