The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1901-06-07
NOVA INDIAN (HItf5 ptfUI
TO TAKE PART IN COUNCiL-A
KNOTTY PROBLEM.
Ioiunetion Proceedings Certain indisns
Have Regulated the jerome Treaty
Twelve Times-The kiova open
InR VIII Be Delayed.
speclal 10 lac ArdmoreIte

DHtAAaA ~ NAN 80
Washington, ID. c., June O.
Judge Van Deventer aud his as
sistants in the interior department
have discovered that they have a
knotty problem OH their hands in
their attempt to enforce the pro.
visions of the act of congress ap-
proved June g, 1900, providing for
the opening of the Kiowa, Conan.
che and Apache lands in Okla
homa Territory. That injunction
proceedings will be instituted in
few days is now a foregone conclu.
sion. The prospective decision Of
the supreme court of the district Of
Columbia in the case is the subject
at this time of much speculation
among attorneys who are familiar
with the Indian litigation There
seems to be an almost unanimous
opinion that the courts will at
least grant an injunction until the
case can be disposed of by the Uni.
tied States supreme court. The
reasons for this are numerous In
the first place the plaintiffs present
more than reasonable showing
why an injunction should be grant
ed, and in the second place, should
the courts refuse the application of
the plaintiffs and the supreme
court later confirm the title of the
Indians to the land and declare the
act OF congress unconstitutional il
would nullify the patents issued
by the government to every home
stead settler and render his title a
nullity. The Indians could then
institute election proceedings and
evict every settler on the reserva-
ton. The result would be that he
would either have to remove his
improvements, which would entail
great hardship, or dispose of them
at a great pecuuiary sacrifice.
This feature of the case is one
which IS attracting particular at
tention. II is doubtful whether
homestead settlers would care to
enter upon the land, make their
selections, comply with the home
stead laws OF the United States in
making improvements when the
title to their property was in dis
pute. The certainty, therefore
that proceedings are to be institut-
ed which will be carried to the
supreme court of the United State:
presents grave situation and
would seem 70 preclude the open
ing of the reservation this summer
have discussed the legal ques
tions involved in the case with &
number of the most eminent at
torneys in Washington. They ar,
all practically of one opinion, tha
the government cannot take thC
lands of the Kiowas without frs
negotiating an agreement witt
them which must be approved by
both parties to the cor tract. The!
are al>u unanimous in the opinion
that this has not been done anC
the congressional act cannot be en-
forced.
Similar cases to the one present
ed have been decided by the su
preme court of the United States
Thirty years ago the officials o
Johnson county, Kansas attempted
TO impose the taxes upon the land
held by the Shawnee Indians
which were acquired by treat
agreement with the government
The case is reported in the 5t
Wallace, page 737. Proceeding
were instituted on the part of Bin
Jacket, a Shawnee, who sued a
well for himself as the other mem
bers of the united tribes of Shaw
nee Indians The treaty unde
which they acquired their land pre-
vided that after its allotment to th
Indians it should not be taxed fo
certain period of years. Th
johnson county board OF commits
sioners taxed the lands The Kan
sas courts held that the assessmer
levied was legal, The suprem