The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1901-06-18
THE KIow RESERVATION.
The Opening Of This Country Prom
ises Legal Complications.

Washington, d. c., June II. -
Judge William N. Springer, coun-
sci for the Kiowa, Comanohe and /
Apache Indians in their suit 70 re-
strain Secretary hitchcock from |
opening the lands Of their reservs-
ton to public settlement IN accord
ance with acts Of congress. is pre-
pairing for a lorg legal battle which
will be pressed with vigor from now
on and may extend over a period Of
several years. In the event that
Justice Bradley should refuse an
Injunction upon the hearings already
had, on the grouud that Lone Wolf,
as an individual member Of the tribe
has 10 legal status In the court,
Judge Springer will Immediately
take az appeal 20 the court Of ap-
peals of the district, and a. the same
time institute a new suit In the name
Of the Kiowa, Comanche and Apache
Indian tribes, a. represented by the
duly authenticated representative
OF the tribes now in the city This
will necessitate another hearing i'm
mediately upon a bill praying for an
Injunction before the Same iudge,
brought in the name Of other parties.
The appealed case would 20 20 the
appellate court Of the district, and
would probably not De passed upon
before some time next fall. In the
event that the appellate court should
still refuse an Injunction, an appeal
will then be taken direct 70 the su-
preme court, where the case will be
submitted and not only the question
OF the right of the court 10 interfere
with the carry ing out Of the act OF
congress will be decided, but also
the additional question as 70 the
constitutionality OF the act.
There is general conviction
among all the well informed attor-
neys that II the case ever reaches
the supreme court Of the United
States, the act Of June g, 1900, will
be declared unconstitutional and null
and void; In fact the only serious
question raised by the government
relates 10 the right OF congress 20
deal with the Indians az II may deem
proper upon the assumption that the
question involved is purely poIli-
cal one exclusively under the control
and Jurisdiction of the political
branch Of the government-cong
and the president. But II is pointed
out that even IL the courts should
sustain such a contention, which II
10 not believed they will, particularly
where property rights are involved
that they would still nullify the act
OF June 8. 1900 upon the ground that
II was not an act OF congress, but a
purported ratification OF an agree
ment with the Indians, which agree
ment was conceded by all parties tC
be null and void because OF the with
drawal of the indians from the con
tract before its acceptance by th'
legislative branch Of the federal gov
ernment.
Judge Springer says that the figh
will be continued not only in th'
district courts, but in the courts o
Oklahoma Territory. II the open
ing should be ordered by proclama
tion OF the president notices will b'
posted on the reservation by Judg,
Springer, warning all settlers tha
their claims will be contested anC
ejectment proceedings instituted the
very moment they go upon the res
eryation and settle upon their claims
This would raise the constitutions
question In the courts OF Oklahoma
from which appeals would be taker
u the supreme court Of the Terri
tory, and from there 10 the suprem,
court Of the United States. In tn,
meantime every settler would b,
made a party TO a suit, and II the
supreme court decides the act tC
be unconstitutional, could be evicteC
from the land. In addition to thil
all OF the fixtures placed upon tn,
claims, such as buildings, fences
ETC., would revert back 10 the In
dians.
There is general feeling tha
Judge Bradley will deny the iniunc
tion prayed for, not because there il
not sufficient ground to grant an in
junction. but because the loca
courts are exceedingly careful II
Issuing any orders which may inter
fere with executive officers. This wa
illustrated by the action OF the cour
when proceedings were first insti
tuted. IL always customary whsr'
temporary injunction 10 asked fol
the writ to Immediately issue 70
straining the defendants until a fina
hearing of the case upon the ques
ton for q permanent. injunction
When Judge Springer hled hia hil