The evening times. [volume] (Washington, D.C.) 1895-1902, 1901-08-23
CLAIMS OF THE INDIANS
The Brief Submitted by Counsel
to the Court Of Appeals.
Their Contentious BASED Upon the
Treaty Of ISG5-FHI~c and Eraudu-
lent Representations ChurEcd-Thc
Opening of the Oklahoma Lands.

Ahetr contentious hnScd pom the
Treaty Of ISGs-FuI~c and ErIudu-
lent Representations ChurEed-Thc
Opening of the oklahoma Lands.
The brief and argument of the appel
ants in what are known as the Indian
| land claim cases. Lone Wolf principal
chief OF the Kiowa Indians, Eshitic, prlu-
| cIpal chief OF the ComauChes: White
Buffalo, Ko-Koy-Taudle Mar-Mo-Sook-
CARVER, Nar-Wats, Too-Wi-C ar-Ne,
William Tivis, and Delos X LonewoIf,
from the decision of the Supreme Court
OF tho District Of Columbia, who ask 20
be heard before the Court of Appeals Of
the District OF Columbia during the ap-
preaching October term in their action to
secure an injunction TO restrain the Sec
rotary Of the Interior and other Govern
ment officials from opening the reserva-
ton OF these Indians ia Oklahoma Terri
tory. has been prepared by William NJ
Springer, counsel for the Indians Mr.
SprinEer's argument is "a very strong ar
ralgnmcnt of the Government in its
course toward the Indians
After reviewing the LEGAL step taken TO
( protect the interests UP to the present
time the bill of complaint, amended. is
cited.
Inc original treaty between the Indians
and the United States. by which the for
mer agreed TO settle upon the reservation.
relnquishing all rights to live elsewhere.
concluded at council on Medicine Lodge
Creek. Kan, in 1867, and proclaimed Au-
gust % 1865 is referred TO and many Of
ITS provisions. bearing upon the present
situation, are given in full Describing
the conduct Of the Commission which ar
RANGED ~. al
which the present opening To settlement
is arranged, Mr.. Springer says:
I'm the year 1892 a commission OF three
persons. claiming to represent the United
States Of America, came 10 said reserva-
ton and sent for and brought before them
certain members of said tribes TO whom
certain false and fraudulent representa-
uons were made. whereby 456 members Of
said tribes were induced 70 sign paper,
which they were informed was treaty
or agreement with the United States in
reference to their lands, which is known
as the Jerome treaty, that the inteTpre-
ters We're employed by the said commits
sion. but that instead Of faithfully and
truly translating said treaty they falsely
and traudUleUJly misreprescnted the pro-
visions thereof, so that as signed il did
not express their wishes; that one Of the
inter prefers ana the WIG GA LnT Oll4FE
were adopted into the tribes. and made
equal in the distribution of the lands and
moneys OF the tribe; that the Indian
agent falsely represented to the Interior
Department that three-fourths of the
adult male members of the tribe had
signed said treaty. whereas 10y a census
Of said Indians taken about that time Cor
the purpose of making a per capita pay
ment 10 said Indians. II appeared that
twenty-three less than three-fourths
thereof. had signed the same These facts
We're reported 70 Congress by the Secre-
tary of the Interior. Mr.. Hitchcock, who
stated in his report that the twelfth ar
ticIe Of the Medicine Lodge treaty pre-
cludes a less number thu three-f0urths
of the adult male members Of the tribes
from ceding their lands
That soon after the signing Of said
Jerome treaty some of said Indians learn
81 that the provisions Of said treaty had
not been correctly and truly translated 70
them. and they at once proceeded 70 make
known TO the members Of said commits
sion that they had been deceived in ref
eronce to the provisions Of said treaty,
and that they desired TO withdraw their
names from the same. but they were not
T permitted 10 do so. but were threatened
/ with violence If they persisted in their
opposition TO said treaty. That said In
dian tribes sent delegates To Washington
at each session Of Congress since 1892,
/ when said treaty was signed, 10 protest
/ against the ratification Of said treaty. ex-
/ cept 10 the last Congress, and that they
+ would have sent delegates TO said Con-
. gress had they not been informed by the
Indian agent that the opposition of the
/ Interior Department and their own pro-
. test Heretofore would cause Congress to
. ignore the same. and that there was no
4 ssity 20 incur the expense Of sending
/ a delegation
/ THAT on the sth day OF October, 1893
/ there was a general council OF said tribes
/ held at Mount Scott on their said reser-
I walton. AT which sal adult male members
[ Of said tribe were present. that said Je-
/ rome treaty was fully discussed and UNI
! derstood by said Indians and that all
I said Indians present, which was nearly
/ tho fun adult male membership Of said
/ tribes. signed a. memorial replIIatIug said
/ treaty. and asking Congress 10 cast Il
D out and not accept il as their free act and
4 deed That said memorial was approved
by the Indian agent as representing their
: sentiments and wishes and was forwarded
J 10 Washington: that the Secretary Of the
/ Interior, MI Hitchcock, transmitted the
: memorial to Congress. together with a
! letter from the Commissioner Of Indian
/ Affairs Mr.. Jones, in which letters said
J memorial was fully approved and the re
/ lection Of said treaty recoMm' Hded.
/ THAT but few of said Indians can either
! speak or understand the English Ian
/ guase, and that IN the making and signing
/ Of said treaty they relied implicitly upon
( the good faith Of said commission and
! their interpreters. and that when signed
] they believed said treaty fully and faith
/ fully represented their wishes.
! THAT the price 20 be paid FOR said two
| million acres Of said surplus lands was
/ fixed by Congress Al 81 an acre. OF s.. oDG.-
/ co. whereas said interpreters represented
, 10 them that when sold, at some time in
/ the future the treaty provided that they
| should receive $3.50 per acre therefor.
| The position taken by the appellants
/ in asking for the original Injunction f.
Z based on the following claims of Illegal
'FIrst-That the said Indians were in
| duCDd TO sign the said treaty by false and
those who signed said treaty understood
its provisions
''Second-That by the provisions Of the
D Medicine Lodge treaty no part or portion
Of said lands could boz coded OF aIieuatcd
without the consent of three foUrths Of
the adult male members % said tribes.
. and that thUse-fDurths Of such male
J adults have never signed said jerome
l treaty OF ahcnated any portion of their
. said lands.
''Third-That eight months prior to tho
/ time Congress pretended To- TuJify said
! Jerome treaty 81 adult male members Of
/ said tribes which were more than three
tOurths Of such number. met IN genera
I council. with the approval Of the Secr,ta-
, ~ of the Interior and the Indian agent
/ soLemnly repudiated the said treaty and
D TraEtG Congress to cast IL ont and NOT