The National tribune., 1901-04-25
OKLAHOMA LANDS.
The Assistant AttOrney-General for The
Post Office Department Considers the
Case of Mr.. Cummins.
A FRAUD ORDER ISSUED.


fisher, Okla, charged with making false
representations to veterans in soliciting
the business OF filing soldiers declaratories
on the new Indian lands in Oklahoma, was
heard by Gen. Tyner, Assistant Attorney
General for the Postotfice Department
for the better part of three days last
week.
Mr.. Cummins was present with coun-
sci, and the Interior Department was rep
resented by an attorney.
The charges preferred by the Secretary
of the Interior were as followsI
First. He advertises at the head Of one
circular that these homes will be free
homes for the old soldiers and their wild
ows," when in fact the laws under which
| these lands can be obtained require that
the entryman shall pay S1.25 per acre.
Acts of March 2, 1895, % Stat, S76, S91,
and June 6, 1900, 81 Stat, 672, 679)
Second. He claims to now know how
these lands may be settled upon, fled for
and claimed at the time of opening, when
| by the act of March 3, 1901 (Public No.
1oD 1t is provided that such lands shall
be so opened by proclamation Of the Pres
| ident, and to avoid the contests and con-
ficting claims which have heretofore re-
suited from opening similar public lands
to settlement and entry, the Presidents
proclamation shall prescribe the manner
| IN which these lands shall be settled upon,
occupied and entered by persons entitled
| thereto under the acts ratifying said
agreements, respectively; and no person
| shall be permitted to settle upon, occupy
or enter any said lands except as pre-
scribed in the proclamation until after the
| expiration of 80 days from the time when
the same are opened to settlement and
entry"
The Presidential proclamation has not
nNrnN. fErrNN NNttt tod oral
| therefore the manner in which the lands
may be settled upon, filed for or claimed
| ut the time of the opening has not yet
been prescribed, and cannot be now known
| to Mr. Cummins.
Third He claims that those who en-
| ploy him as agent will have special ad-
vsntages in procuring homes from these
| lands. when in fact no special advantages
can be obtained through the employment
of any particular agent. That the special
| advantage which he claims is one which
is inconsistent with correct methods, is
| shown by his answer TO the letter of S. J.
Mason, Of Fort Madison, Iowa, wherein
| Mr.. Cummins says:
"If I have 1000 to file I will take
| about three minutes to do it. How have
always filed and will file again is my Sc,
| cret. Twenty years around land Office
| has been an advantage"
| Fourth. He advertises that he can rep
| resent and act for any number of claim
| ants at the time of the opening without
their being present, and solicits present
| advancement Of money for prospective
| claimants on the strength Of this state
ment, when, under the act Of March 8,
| 1901, the President, in prescribing the
manner in which these lands may be
/ settled upon, filed for or claimed, at the
| time OF the opening, may take the view
| that to permit a large number of soldiers
/ declaratOry statements to be presented by
a single agent will. by reason of the op-
portunity for fraud and imposition upon
| the soldiers, tend to invite contest and
| con ndicting claims, and in that view may
| provide that one person shall not act as
| agent for more than one claimant, or may
| require that the declaratOry statements be
presented in person by the soldiers at the
Local Land Office, thus making it impos-
| sfble for Mr.. CummiDs to represent more
! than one soldier or to act as soldiers de-
| claratory filing agent at all.
Mr.. Cummins stated tina. he had re-
ceiYed about 1000 letters from old sol
diers, many of them merely inquiries.
The Postofice Department had informa-
tion to the effect that letters had been
arriving at the Kinghsher Postoffice
about 10 per day since Cummins's mail
| had been held mp. These letters were still
| of course undelivered and in the custody
Of the Postmaster.
MR.. cUMAIINs's CONTENTION.
Mr. Cummins claimed that the laws of
Congress gave the soldier and sailor the
right to file his declaratOry through an
agent, and It could not be abridged; that
this right had never been interfered with
except in the prociamations Of President
Cleveland in opening the Cherokee Strip
and the Cheyenne and Arapahoe reserya-
tions. and in the latter instance it was
shown by testimony of the Receiver of the
Land Office at that time the regulation
was construed to refer only to persons in
the line. Those in the line We're only al
lowed to file single case as agent, but
it was shown that Mr.. Cummins had ac-
tually fled over a hundred at a time after
the first rush. He had also filed hun
dreds by mail in patches at various times.
In answer to this the Attorney of the
Interior Department simply said that the
Department knew nothing about it.
Mr.. Cummins explained how he pro-
posed to file 1000 declaratories in three
minutes. He said if he should have
thousand to file he would go to the Local
Land Office with the LOCO declaratories
and $1,000 in money, hold up his hand,
declaring he was a citizen, representing
l GOO old soldiers whose declaratories he
had there, demand that he be sworn as
agent, and that each declaratory be filed
forthwith.
He contended that he had a right to
expect that they would be accepted as
r..
He claimed he had been all over the res
eryations and had employed surveyors to
locate the lands he had selected.
All this was not disputed, but the rep
resentative of the Interior Department
maintained it was not material to the is-
sue, and that he did not know and could
not know in this case that he could carry |
out what he advertised to do.
Mr.. Cummins submitted affdsvits from |
the following residents of Custer County, |
Oklahoma, for whom lie had formerly act |
ed as agent, setting forth that he had |
given satisfaction, viz:
Benjamin Hulszier, Asa Harris, Sarah |
Hayt, John G. Conrad, James S. Jones, |
William Rwkate, George W. Foreman |
Manning f. Fry, Charles ]. Haver, VIM |
II. Williams, James III. Grisby, William |
f. Chalfant, Henry p. Graw, Jane L. |
Hopkins, and Amanda Lax, Independence, |
Okla; Henry Stagner, August Willest, |
Michael Reilly, Albert Altman, and Ed /
ward w. Horton, Thomas, Okla.
FRAUD ORDER ISSUED
The Postmaster-G General issued a fraud |
order against Mr.. Cummins April %, and |
all registered and other mail matter win |
be returned to the writer's, and in case
the letters contain no address they will be
sent to the Dead Letter Office. Remitters |
of postal money order may obtain the I
amount thereof upon presentation OF du-
plicate money order, applied for and OBJ
4 \