New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1903-12-07
SOME DEMOCRATIC GRAFT.
Il Reminder of Hoke Smith for
Those Pure Lights of Congress.
IrnoM TIE TRIBUNE BUREAU. !


Washington Dec. 6.-While Democrats in the
House and Senate are throwing oratorical brick
bats at the Republicans, and crying out against
the administration faYoring monopoly, one
of the most notorious monopOlies that ever
granted by the government has been brought to
the attention OF the public through the efforts
of certain citizens to secure some redress from
blanket lease granted by President Cleveland's
Secretary OF the Interior. Hoke Smith. Mr.
Smith, IL appears, conferred one Edwin B.
Foster ten year lease of the gas and oil privil-
eyes of the entire Usage Indian Reservation, in
Oklahoma. which reservation is 15T0OO0 acres
in extent. The privilege was given arbitrarily,
no bids having been called for and the royalty
asked for the Indians was only ten per cent on
the market price of the product.
Mr. Fosters lease will expire III April, 1906,
and ii may be safely predicted that If Secretary
Hitchcock is still directing the affairs of the
Department OF the Interior it will not be re-
newed except by the process of calling for sealed
bids from would be lessees. Secretary Hitchcock
has just handed down a decision on the appliea-
tion of the Indian Territory Illuminating Oil
Company for permission to construct pipe lines
through the Usage Reservation, and has made
the following statement in connection herewith:
Under date of April s. 1886 under the administra-
ton Of the Honorable Hoke Smith, then secretary
of the Interior, department approved lease In
favor OF Edwin Is. poster, covering All the Janus
| Reservation, TOR the sole purpose of prospecting
Tor and drilling wells for and mining ana producing
! the lessee the right OF way and across sand
any point where drilling, boring or prospecting or
| operating under this lease shall De carried on,
such pipe lines or roadways may. be reasoha bly,
necessary 10 carry on ana e ease eTaSted
| 10 Mr. Foster was for a term OF ten years from
| The question having been raised. and careful
examination of the original lease having been maze
nv Tho aya1 Oft
OF assignment sublessees under the original lease
! was favorably determined and. further, that such
leses granted TO the original lessee as to the rgh9
| of way over the reservation to and from the nela
of operation and in the matter of constructing pipe
| market such right however. to lay pipe lines to
extend only to the exterior limits of the reserva-
| hundred operators on the Usage reservation OPP
Grating as sublessees, under the original Foster
The operators on the reservation. who are actual
! ~ engaged in producing oil under their subleases,
| find themselves unable to build a pipe line and
have been negotiating with the Prairie Oh a9d Gas
the north line of the reservation to extend their
and thus provide for getting their product TO mar,
ket. The Usage tribe having already passed all
S hoH, ~ ernbr,ces the Whole of the reserve
ton fexcent the use of the surface OF the same)
cannot therefore grant any further right to any
(April s 1906 prospect mine. produce or market
either oil or to lay pipe lines for the market
Il accordingly follows that the only way for those
in the Usage Indian reservation is either by Sc
curing suitcase from the original lessee. Nj
Foster, by acquiring an interest IN the sup
leases already granted by him and which include
the right to iay pine lines to the exterior limits OF
From the foregoing and as the department is at
authorize the laying Of pipe lines in the Indian Ter
as Applicants may acquire such right as subessees
either from the original lessee, Mr.. Foster. or by
4 The :" oreinai lessee satisfactory proof of bona
] ffg int own
! department
| The decision rendered by Frank L. Campbell,
! Assistant Attorney General for the Department
| of the Interior, is to the effect that inasmuch
as the original lease contains such provisions as
his heirs, executors. administrators. assigns
| and sublessees.' etc, the assignment of all
privileges conferred by the lease was certainly
contemplated as possible by the makers of the
| original lease Having stated this point, Mr..
| Campbell says:
Certain assignments were afterward submitted
10 1902 'ile iib asfe1pred an interest in the
| lease TO the Indian Territory Illuminating Oh
! The original instrument leased and granted tG
Foster. his heirs executors aoininiSaTdLorS sau
for the period of ten years, all the lands in Okla
Walton. and also the right of way and right tc
consrue' ana b TeSonabv pecessarv to cary o.
ard successfully prosecute the objects or this IN
denture" This provision clearly confers the right
| Ia construct and operate necessary pipe lines
! NEethe any proposed line is necessary is mat
ter to 20 determined by The department when
! properly presented.
! This right construct and operate pipe lines Is
! given in substantially the same terms as Is me
right to mine the oil. The construction Of the pipe
line lines seems necessary 10 successful mining
! opera tons under the lease The department has
| held. and. in my opinion. correctly, that the right
! Of assignment OF mining privileges under said
lease should be recognized such assignments beire
subject approval by the department, the
/ original lease The right to assign or sub
let pipe line constructed under the provisions OF
that lease should also be recognized. ANY such
transfer would. Of course be subject to approval
J by the department.