The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1901-05-27

eight years prior TO its passage 30 bad
been before congress and Speaker Reel.
who was familiar with the legal prone
0sitions involved. refused to aiitw the
bin 20 bc taken up FOR consideration
repeatedly. Speaker Crisp also pursued
q similar course. and it is stated by the
attorney FOR the Indians that at tho
time the bin finally passed the house
none OF the members on the floor. with
the exception Of those on the committee
on Indian affairs. were familiar with
Its provisions
IT Is asserted, however, by Judge
Springer. that waving the question Of
the legality OF the Jerome treaty. that
the act Of congress OF June G.. 1900 Is
invalid as the records show that con-
gress made numerius changes I'M the
original treaty Of great Importance 20
the Indians and that the Indians were
never given an opportunity to concur
in. or reject the provisions Of the treaty
inserted by congress He therefore
asserts that the treaty did not receive
the approval OF both parties to the
contract and is therefore null AMI
void
The cases presented against the open
ing Of the reservation TO settlement Is
unusually comprehensive and is PROV
ing a thorn in the sides OF the interior
department officials. The protest sub
mitted by Judge Springer last Wednes-
day has been referred to Judge Van
devanter for "a judicial opinion for the
guidance Of the department. This
action alone Indicated q change In the
position OF the interior department.
When similar protest was filed last
Monday with the acting commissioner
OF Indian affairs he refused to even
consider it. Acting Secretary Ryan
announced that such would be the po-
siuon Of the secreary's office when Il
came over there After Judge Spring
en- had concluded his statement Of the
case. however. Secretary Ryan con-
sented to refer the remoustrance to the
judicial officers Of the department
where II could be considered and pre-
sented with appropriate recommends
tl0ns to Secretary Hitchcock on his re-
turn.
AS Judge NanDevanter prepared the
report Of Secretary Hitchcock which
was transmitted to congress recon-
mendiug against the ratification of the
treaty IL win be difficult for him to
prepare an opinion sustaining the
validity Of the act of congress. In fact
the department is called upon in the
enforcement of the law 20 reverse It's
entire policy and its recommendation
to congress during the past eight
years.
No final action win be taken by the
department until after Secretary Hitch
cocks return TO the city. Judge
Springer believes that when Secretary
Hitchcock returns TO the city. he win
recommend to the president the post
ponement Of the issuance of the proc
lamation opening the country until af-
ter congress convenes when the whole
question can be laid before the house
and senate for appropriate action TN
der the law the president can defer the
issuance Of his proclamation opening
the country until six months after the
completion Of the allotments The
time fixed for the completion of this
work is August 6, so that the president
has until February 6, 1902. in which to
issue his proclamation.
In the event that Secretary Hitchcock
refuses TO respond to the appeals OF
the Indians the matter will be taken
direct TO the president Should Mr..
Mckinley still refuse 70 intervene then
injunction proceedings viii be imme-
dlately be instituted i'm the supreme
court OF the District OF Columbia and
the validity Of the act Of June 6, 1900,