The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1902-07-23
CONCERNING INDIAN TREATIES
Secretary of Interior VIII Not Ap-
prove Oil and Gas Lnase

Secretary of Interior viii Not Ap-
prove Oil and Gas Lease.
Guthrie, Q. T., July 22.-Correspond-
ence from Washington to the Capital
says: 1T is now apparent that the sup
Elemental agreements recently entered
into between the government and the
Choctaw and Chickasaw, Creeks and the
Cherokees. will result in much litiga-
tion before the tribal estates are finally
settled under the agreements which were
designated for the one purpose of ex-
pediting the work of dividing the lands
and properties Of the tribes among the
individual members The Cherokee Oil
and Gas company, which only recently
was successful in the local courts on
suits brought by the Cherokee nation to
prevent the secretary of the interior
from approving the leases with the Oil
company, now discovered that that it Is
put completely out Of business by the
new Cherokee agreement. AS originally
drafted and reported from the committees
the agreement provided that existing
leases should be confirmed and that the
companies should continue under their
contracts, but that no new leases could
be made. AS the bill passed the house
and senate, ii provides that the secretary
Of the interior shall approve no oil or
mineral leases in the Cherokee nation.
The oil company is preparing to bring
an action in court. IL Is insisting that
it has vested rights which cannot be
disturbed by even an act Of congress
without due compensation for the money
expended. 1t is probable that they Will
try and have the treaty amended at the
next session, so that their leases will be
reinstated.
The townsite provision of the Choctaw
and Chickasaw agreement still continues
TO be thorn in the side of the admins
trative authorities. At the interior de-
partment it is stated by those who have
the work in hand Of interpreting the
agreements that the language Of the
agreement is ambiguous and is likely to
result in much confusion and delay. The
department will. however, undoubtedly
hold that the townsite provision became |
effective on the passage OF the act by
congress, and not on its ratification by |
the people Of the Choctaw and Chicka- |
saw nations.
The court citizenship provision is also |
admitted to be of doubtful validity. A |
court has already been created, judges |
appointed and work win commence with
in a few days under a legislative act 1
injected into the heart Of the agreement. |
It is a well recognized principle Of law /
that before an agreement becomes effect |
i've the minds OF the two contracting par
ties must meet, and this usually takes /
the form Of signatures to the agreement.
In the case Of the Choctaw and Chicka-
saw agreement congress arbitrarily pro-
vides what may be approved by the ma
ton and what it proposes TO establish as
a law Immediately, thus rendering the
agreement nothing more than a mere
decree.
It is pointed out that should the Choc- /
taws and Chickasaws reject the agree
ment the court citizenship provision
must necessarily fail If the department
should attempt to enforce it., protracted
litigation would arise which would re-
Quire years-to decide.
n the meantime many members Of con-
gress and some Of the officials Of the
are not anxious TO author
lze the sale or disposition Of the coal
and asphalt lands Of the Choctaw and
Chickasaw tribes They woald prefer
that whens the time comes 10 sell them
The purchase be made by the federal gov
ernment TO be held in trust for the peo-
PIE Of the Indian Territory; the rent
moneys 20 be used IN years 10 come for
the maintenance Of public school sys-
tenn for the benefit OF all the people
Il Is now admitted that this is about
the only way a school fund can be sup
Piled the people Of Indian Territory
The proposition now being agitated by
The white people In the Creek nation
to have the members Of the Creek nation
petition the president for annexation With
oklahoma is not a new idea. The or
sanic act Of Oklahoma clearly gives any
aatlou in InGtan Territory which deires
10 unite with Oklahoma, and viii agree 10
abandon its tribal form OF government.
The right To form such union and il
: raede mandatory upon the president of
the United States 10 isSre a prociama-
ten snnexirg asy portion Of Indian Ter
-itory 20 Oklahoma when majority of
he people of the tribe 50 petition. This
5 not only true cf the Creek nation.
bat Il Is also true OF the Cherckee.
-hoctaw and Chickasaw ard Seminole
nations Any one of thoEa have il within
heir power. by abandoning taei- tribal
,orm OF government, 70 secure annexa-
ion with Oklahoma withia the next
hree months There IS No way by which
oklahoma can prevent this. K this course
'hoaid be followed 1t w0uld solve many
iiNicult problems that are now heizs
hvown IN the way q the people q Indian
rerrstory IN their Efforts for statehou-d.
md would compel oklahoma 10 divide hsr
'ehooi lands with tie 7eegie of Indian
Territory.