The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1901-06-23
SKY CLEARS
FOR THE
SETTLERS
KioWa Proclamation VIII Be
Ready Soon.
PLAN IS KEPT SECRET
No One Outside Department
Knows Its Details.

Washington. D. C., June 22-Before the
decision of the supreme court Of the Dis
trict of Columbia, there was no use deny
ing the fact that the interior department
mere and The Oklahoma contingent were
nervous over the matter. Now the sky is
clear ard the proclamation. which was
delayed, is looked for confidently. The
proclamation viii be a long one. and the
exact plan Of opening is not known by
anyone outside the department Several
supposed plans have been published, and
while few have hit near the facts, they
are. none Of them, infinitely correct. It is
thought that The plan VIII be one based
on the design Of Mr.. Richards. Assist
ant Commissioner Of the General Land
Office Richards recommends plan which
provides for double slip Of paper on
which an applicants name address and
other needed information is written He
is given one slip and the duplicate is
folded and sealed in an envelope and de-
posted in a box. which. when every en-
Try has been sealed, Is sent to Washing
ton. Each envelope Is numbered consec-
utively. as received, and each applicant
regardless of the number who apply. is
given one Of the numbered slips Of pa
per. All the envelopes in the box are
then shaken up and a drawing takes
place The first number out entities the
holder Of the number corresponding with
the number in the envelope to the first Sc
lection Of land. the second next. and so
en- till as many numbers have been drawn
as there are quarter sections of land.
probably 1880. All in excess of that num-
Der draw nothing.
Mr.. Springer VIII probably take an ap-
peal In the Lone Wolf case. but this viii
not delay the proclamation. Mr.. Springer
was greatly disappointed in his defeat
this week. After hearing the decision
against Lone Wolf. he said.
Judge Bradley has entirely miscon-
oeived the law Of this case. He did not
cite or comment upon the authority pro
duced .n the case of Strong against Wa
terman, In which it was held that an IN
dian nation could only sue through one
or more members Of a tribe who sued for
themselves as wei as otheg members.
that an indian nation was not a body
polite. or corporate, and that it could
only appear in the court by one Of its
members because of their great number.
Especially is this the case where au-
thority to bring the suit had been given
hy the tribe, as was done in Lone Wolf's
case. This form of bringing suit was af-
nrmed in the United States supreme court
fn the case Of the Kansas Indians. report
ed In fifth Wallace, In which case Blue
Jacket brought the suit for himself as
wei as otner members of the Shawnee
tribe of Indians
"Jnon the question of jurisdiction of
the subject matter. the decision is with
ont precedent to sustain if i'm the judicial
history Of this country. 7 concede the
right of congress 10 repeal treaties with
Indians where political rights only are
involved. and to this extent there are no
conflicting judicial opinions. But con
gress can no more divest property rights
secured by treaty or contract with an
Indian. without their consent, than it can
divest other individuals of property Sc
cured Icy contract or legislative enact
ment.
IT Judge Bradleys opinion Is correct.
congress may wrest from every Indian
tribe of the United States. including the
Eve civilized tribes an of their lands and
give them such compensation ais congress
may see tit to grant. am going 10 APP
ply 20 the court of appeals of The District
of Columbia, Judges AlvY. Norris and
Shepard. to grant me n special appeal
from the order refusing me a temporary
Injunction