The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1901-05-26
ITS TITLE INTRICATE
Continue from Tenth page

The commissioner then takes CD ths
/ question OF the right OF congress BY single
! enactment 10 repeal the treaty OF 1858
ceding the lands 70 the indians. ard as
/ serts that such right exists only as tc
cases purely political He asserts that
/ congress has no constitutional power q
settle or interfere with rights under
/ treaties except in political cases.
! The records OF congress show that the
I Kiowa and Comanche treaty was never
/ ratified By congress as separate meas
IRE. but was attached as a rider 70 the
( Fort sill military reservation bill and
/ passed through the house under suspen-
sion Of the rules without any general
discussion whatever. For eight years
prior 70 its passage It had been before
congress and Speaker Reed who was IA
miliar with the legal propositions lnvolv-
ed. refused 10 allow the biz to &c taken
up for consideration repeatedly. Speaker
Crisp also pursued a similar course, and
it is stated by the attorney for the IN
dams that az the tine the bin finally
PASSED the house none OF the members OF
the floor. with the exception OF those on
the committee on Indian affairs. was IA
mliiar with its provisions
u IS asserted. however. b. Judge
Springer. that waving the question q tire
congress OF June s, 1870. IS invalid as the
congress Of June 6, 1900. Is incall6 as tie
records show that congress made nurner-
Gus changes IN the original treaty Of
great Importance 70 the Indians and that
the Indians were never given az oppor-
tunity 10 concur IN or reject the pro-
visions OF the treaty inserted BY con
gress. He therefore claims that the
treaty did not receive the approval OF
both parties TO the contract and it is
therefore null and void
he case presented against the opening
OF the reservation TO settlement is unus-
uslly comprehensive and is proving q
thorn IN the side OF the interior depart
uent officials The protest submitted b.
Judge Springer last Wednesday has been
referred TO Judge Vandevsuter for a u
dicial opinion for the guidance OF the de-
partment- When q similar protest was
fled last Monday With the acting com
missioner Of indian affairs he refused q
even consider II. Acting Secretary Ryan
announced that such would Be ths posi-
ton Of the secrstary's Office when Il came
over there. After Judge Springer had
concluded his statement OF the case. how
ever. Secretary Ryan consented 70 refer
the remonstrauce 10 the judicial officers
Of the department where Il could be con
silered and presented with appropriate
recommendations 10 Secretary Eltchcock
on his return
As Judge Vandeverter prepared the re-
Port of Secretary Hitchcock which was
transmitted 10 congress recommending
against the ratification of the treaty. il.
VII be diFc1It Ter him % prepare or
opinion sustaining the validity q the act
Ct congress. In fzet, the department is
called upoz in the enforcement ~ tLa
law &c reverse ita entire policy ard rs
recommendation 70 congress during the
past eight years
No fusl action VII Dc taken - ire 5s-
parrment Until after Secretary hitch
cock return @ the city. Judge Springer
believes that when Secretary Hit-hc1ez
returns - the city Re VII recommend ri
The president rhe poztpo-ene-t q. tue 81
STANCE q the proclamation opening the
country untl after congress coureles.
when the whole question can &c las be-
fer the house and senate t1r appropriate
aetou-
II the event Secretary ELtchcock refus-
- 20 respond 70 The sr1eais = rhs r.
6ians. TIE matter VIA = tsksa direct -
rae president shouis VI aIch.1i=y stll
rstrse % intervene tsea i-t-1crs1 1r--
cee5iaEs VII he Immediately irs1sr-rea -
IRE supreme court ~ ths District ~ Gel
un1is ard the Validity e the aes g 5-7e
Z 80 zt.arE.l