The National tribune., 1901-06-13
TITLE TO THE
KIOWA LANDS.
The Beginning of the Legal Con-
test Between the Indians and
the Government.
The Case Will Go to the Supreme Court
of the United States.

The legal battle between the Kiowa,
Comanche and Apache Indians and the
Government as to the legality of the act of
Congress opening the reservation to white
settlement has begun, and it bids fair to
be a long contest. Last Friday, Judge
William NJ. Springer, attorney for the In
dians, filed bill in equity before the Su-
preme Court of the District, asking a tenn
porary injunction against Secretary Hitch
cock, Indian Commissioner Jones and
| Commissioner of the General Land Office
Herman, praying that they be prevented
from disposing of the lands until Con-
gress shall have an opportunity to rectify
the injustice to the Indians contemplated
under the present act.
| The case in a nutshell is that Secretary
| Hitchcock and Commissioner Jones de-
| cared in an official communication to
Congress that the Indians had been de-
frauded, and that Congress, in spite of
| this, went ahead and amended and then
ratified the so-called treaty.
The Interior Department, having paid
no attention to the protest of the Indians,
and holding that the act of Congress was
final and that it was their duty to carry
out the law, the Indians are compelled to
go into court for hearing Of the matter.
The petition also asks that the law au-
thorizing the opening of the lands be de-
clared void on the ground that the cesSion
by the Indians protesting to represent the
tribes was unauthorized.
The petition filed reviews the history of
the relations between the Indians and the
Federal Government since the former set
tied upon their reservation in Oklahoma
in 1868 in conformity with the treaty ne
gotiated between the Indians and the De
RI FOL off EnI hu fhn nnt 70
and signed by President Andrew Johnson.
son.
Attention is called to the fact that in
the amendments adopted by Congress to
the alleged treaty of 1892, provision is
made for a suit to which the Choctaw In
dians in the Indian Territory are made
party to decide the question as to whom
the S2,000,000 is to be paid for the residue
lands purchased by the Government. I'm
der the mineral provision it is asserted
the allotments Of the Indians, even after
accepted by them, can be taken from the
allottees without compensation, and given
to locators Of mining claims If valuable
mineral deposits should at any time in
the future be found on such lands. This
provision was not included in the treaty
claimed to have been approved by the In
dians, and under its provisions many al
lotments to the Indians may be taken
from them without any compensation
whatever.
Secretary Hitchcock is called upon I'M
der oath to answer the following ques-
ticns:
First-Whether it is not true that the
signatures of the said Kiowas, Comanche
and Apache Indians which are signed to
said Jerome treaty We're procured by will
full misrepresentation and false transla-
tions to the said Indians by TIE interpre-
tcrs, and whether the agents and en-
En nj ha In
dams have not officially informed the said
respondents that such is the fact: and
whether the official reports to the Secre-
tary of the Interior do not attest such
fact.
Second-Whether it is not true that the
whole number Of adult male members of
said tribes of Indians was at the time of
the signing of the said Jerome treaty 629;
and that three-fourths of that number of
adult male members of said tribes never
signed said Jerome treaty.
Third-Whether it is not true that the
571 adult male members of said tribes of
Indians met at Mount Scott on said reser-
vation in October. 1899. eight months
prior to the pretended ratifications of said
Jerome treaty by Congress, and then and
there, in general council of said tribes, sol
emnly repudiated said treaty and prayed
Congress to cast it out and not accept it
as their free act and deed.
Fourth-Whether or not it Is true that
Congress adopted a number Of amend
ments to said treaty, in the act ratifying
the same; and that neither said amend
ments nor the treaty as thus amended
were submitted to said Indians for their
approval.
De Los X. Long Wolf, a nephew of the
old Chief Long Wolf, telegraphed that
430 adult male members of the allied
tribes had signed memorial to the Presi-
4 90 fha tC-fr mo
of the proclamation opening the lands to
settlement. This is fully two-thirds of
the men of the tribes. and the dispatch
stated that more would sign.
The memorial to the President stated
that false representations to the Indians
when they signed the original treaty of
1892, and the amendments adopted by
Congress without their knowledge and
consent, will result in defrauding them
out Of two millions acres of land. Other
grievances are set forth, the substance of
which have been previously outlined in
the original protest published three weeks
ago in this paper.
The dispatch stated further that au-
thorized delegates from the tribes would
start for Washington on Monday of this
week to lay the matter before the Presi-
dent.
The hearing of the case by the Supreme
Court of the District took place on We'd
ncSday of this week Judge Springer main
tains that the decisions of the Supreme
Court of the United States are all on the
side of the Indians; that the Court has
held that while Congress had the right
to abrogate the treaty involving only po-
litical questions, it did not have such right
when property interests were at stake
He claims that there is no exception to
this line of decisions, and that the prece-
dents are numerous. He feels certain
that the Indians will gain their case, as
there is nothing involved in this matter
but property. TluJ