Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1901-06-20
NO OPENING DECISION.
Arguments In the Kiowa Injunction
Suit to End Tomorrow.

4
ments OF counsel in the injunction
proceedings begun by Lone Wolf
TO delay the opening OF the Kio-
wa, Comanche and Apache reser-
vations were heard today by As
sociate Justice Bradley of the su-
preme court of the District of Col
umbia. After session of about
four hours the court adjourned un-
III tomorrow al IL O'Clock when
the arguments will be completed.
The proceedings did not attract
any special interest and not more
than a dozen were in the count.
room. Lone Wolf ami White Buff
falo were present, accomp panied
by an interpreter, and took a
lively interest in the statements
of the counsel, although, accord
ing to Judge Springer, their at
torney, neither can understand
English. The only Oklahoma
people present were Harry Bacon
and Albert Hammer, who said
they had come TO Washington to
attend to some private business.
They stated that they did not rep
resent the cattlemen. Although
Secretary Hitchcock and Commits
sioners Herman and Jones were
named in the bill of complaint,
they were not in the courtroom.
Judge Vandeyenler, attorney
general ofthe Interior department,
who appeared for the government,
was the only representative of the
department present. Judge
Springer made short argum ent
in support Of the application for
an injunction, in course of which
he asserted that the government
has not dealt fairly with the In.
dians in the negotiations prior to
the legislation authorizing the
opening. He said he had no
criticism TO make of the part taken
by the Interior department, but
he insisted that the agents of The
department who had conducted
the negotiations had deceived the
Indians and that they had ac-
cepted the Jerome treaty without
proper understanding of its pro-
visions. Added to this, he said,
Congress had taken the treaty and
amended it and declared the
amended treaty in force without
resubmitting it to the Indians.
All Of the lstter's protests, he
said, had been ignored.
After making these points Judge
Springer read telegram of Ana.
darko, which he received yester-
day informing him that a delega-
tion had just started or Washing
ton with a memorial signed by 45S
adult Indians, or within nineteen
of the three-fourths of the adult
membership of the tribes, petit
tioning the president 10 withhold
his proclamation opening the
lands. This delegation, he stated
would reach Washington Satur-
day. He urged the court 10 grant
the injunction as a matter OF sim
pie justice. There would be no
injury done anyone by delay. He
said, as the plans of the interior
department could be put into effect
after congress had met as well as
before. The argument presented
by Judge Vandeventer was that
the court had no jurisdiction. The
Indians, he said, were wards of
the government and the authority
that should be recognized in the
disposal of their lands was that of
congress. The legislative power,
be said. could make regulations
for their welfare without consult
ing them and if legislation had
been enacted without the consent
of the Indians there was ample
authority for such legislation. He
declared it was not necessary for
congress TO obtain the ratification
of the Jerome treaty with its
amendments. Lone Wolf and his
associates, he said, were asking
for an injunction to enjoin the
president from putting into effect
the provisions oil an act OF con-
gress.
Throughout his argument Judge
Vandeventer cited numerous de-
cisions of the federal district courts
and the United States supreme
court in support of his contention
that the consent of the In.
dians was not at all neces-
sary in the matter of congress
sional Legislation affecting their
interests. Judge Springer will ad-
dress the court tomorrow morning
and Justice Bradley may announce
his decision tomorrow afternoon.