The St. Louis Republic., 1901-06-21
|KIOWA DECISION IS
FOR THE GOVERNMENT.
Refuses to Grant Injunction Prevent the Opening
gust of the Indian Lands White SettlemenOpinion De-
clares the Power of Redress Lies With Congress- Not With
the Judiciary, in Cases Where 1t Is Claimed Treaty
With the Government Been Violated

by the treaty Of 1865. which provided that the
Indians shoaid nave. in common the absolute
and that no ce-sion thereof should be q any
Of All the adult male Indians. '.'-'
status of the Indian DeIned.
Justice Bradley holds that the right OF the
Indians the reservation is .cssessory one
only: tha; this right exists in the t.ibe. and not
anv '', ,brea,sned By the eSscu,ian ~ the act dr
June .. l@S. Is a wrong 10 the tribe as a tEibe:
!n.ury which is peculiar to him and nSt shared
In common by the other members. The decision
declares that the suit canrot be msintained by
members ~ the tribe In their individual capac-
c.s,on upon this point. but holds that these
tRa, tse duty q praSidng for their main,enanee ali
civilization and education and Of protecting and
F.Geral c;ovcrnineat. an: is committed ' to It's
legislative or poittie.i branch Quoting from the
Supreme Court In the cass OF United States vs.
:.They are coniniunities dependent on tho INT
,ed states. d.pendent largely for Their rs 1aiiy
owe no allegiance to the states and receive from
them protection Because OF the local i'll feel
found are often their deadliest enemies From
their very weakness and helple essness so largely
eminent with them. and the treaties in which
II has been promised, there arises The duty q
why's been recognized by the Executive and by
Congress and by this court. whenever the ques-
The power Of the general Government over
weak and diminished in numbers. is necessary
TO their protection. as weil as To the safety Of
that Government. because 1t never has existed
anywhere else: because the thea,er OF its exer-
United Staten beesuss i hsa rer rss sesn denied
and because II alono can enforce Its laws on
Question OF Fraud Dismissed.
lie holds that the question whether ih-.e.
agreement. and whether 1t was obtained from
them by fraud and fraudulent representations
interDref a Or hr ia lnuarAlla
means was presented to congr-ss and Its Indian
ins the assssmsn, e , ais'h is heeesssfy g. anns
tnat the agreement was assented to by TIE rr7iui-
false or fraudulent representations inte.pre-
9 ,alSns. ,. and that this iecision BY Congress Is
He further holds that an act Of Congress and
treaty are under the Constitu,icn Of the United
"onsTss, viii repeal prior ineons,teas rss1y
act Of Congress: thst the making and enforcing
OF treaties are under our Constitution. com
and that the judicial tribunals Of the country are
without authority to enforce treaty siipulations
Sr.se Sr sS sFan' redress for wrongs inflicted BY their
Referring to the Cherokee tobacco case. he
quotes that portion Of the decision of the United
States Supreme Court which says:
dic,ion Of the United staiss Wha.ever e5nsiders-
tiSns OF humanity and good faith must be In
not be more obligatory than treaties with foreign
Tey have no nshss sanction % and n.
invasion can be claimed for them. The conse-
uCenceS IN all such cases give rise to questions
which must be met by the political department
of the Government. They are beyond the sphere
OF judicial recognizance.
In the under consideration the act OF
Congress must prevail n the treaty not
an element 20 be considered II a wrong has been
done. the power OF redress is with Congress, not
with the judiciary and that body. upon being
applied 10. II Is 70 he presumed. will promptly
give the proper relief
Many citations OF similar decisions by the
Supreme Court Of the United States are re-
ferred to. and in conclusion. IL Is held that
if the act of June 6. 1900 Is violative OF the
treaty of 1865 the remedy for the wrong IL
any Is done. rests with Congress- and not
the judiciary.