The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1904-02-07
RIGHTS OF INDIAN
Association Trying to Amend
Dawes Act.
MEASURES IN CONGRESS
Working for Protection of
AIIottee on His Land,

Washington, Feb. 6.-The Indian Rights
Association is making an earnest fight to
procure the enactment of a new law, to
take from the Secretary of the Interior
his present apparent authority to cancel
at his discretion the conditional patents
issued to Indian allottces under the
Dawes severalty act. That act, as will be
recalled. provides for the issue Of a condl-
tional or trust patent whereby the In
dams land is exempt from taxation for
twenty-five years, and is also protected
by the United States against seizure or
sale during that period. IT was so framed
with the purpose Of keeping the enfran-
chised Indian for the better part or
generation in a stage OF tutelaSe, while he
was preparing for the new obligations
developing upon him a citizen
The trend of recent decisions Of the De-
partment seems TO be toward giving the
secretary Of the interior the broadcast
sort OF discretion as to cancelling such
conditional patent at any time during the
twenty-five year period This idea Is
quite contrary to the theory Of the Indian
Rights Association that the purpose of
the Dawes Act was not merely to confer
a home upon the Indian but TO secure it
to him So that he could feel perfectly
safe in going ahead with his improve
ments on it. Since all the decisions
though bearing the signature Of the sec
Rotary, are actually prepared by his legal
adviser. they receive the same respect
as law until the courts have rversed them.
inn Of na
discretion they appear on their face to
have a sound basis in everyday logic, so
that nothing short of new legislation
would be able TO unsettle them; in other
words they seem to contain no hook on
which any future administration of the
Department could hang an excuse for
reversing them.
The Dawes severalty law, besides pro-
viding for the allotment Of tribal lands
among the members of any tribe. provides
that any Indian who voluntarily takes up
his residence separate and apart from a
tribe and adopts the habits OF civilized
life. becomes thereby a citizen of the
United States and entitled to all the
rights. privileges. and immunities' Of a
citizen, but without in any manner i'm.
pairing OF affecting" his right as an In
dian ito tribal or other property" Tho
rights. privileges. and immunities of
citizen include the right TO take up
homestead on the public lands; so when
in 1899 Sarah Butron-to whom a twenty
five-year conditional homestead patent
had been issued on the theory that she
: was AN Indian woman who had long
since abandoned all tribal rela tiOns'-sur-.
rendered her conditioner patent and de-
manded that a patent in fee be issued TO
her as one Of her rights rs a citizen, the
. secretary granted her application, can
ceIled the conditional and issued the IN
conditional patent. This enabled her TO
ALLEVIATE her land at VIII. the same as
white homestead entryman.
The case of Lizzie Bergen. which came
up for decision in 1900, presented a some
what different issue. 4 contest was filed
against the allotment made to this mixed
blood girl from the lands Of the Chippewa
tribe in Wisconsin. on the grounds, first
that the allotment itself was fraudulent
because under the law she was not TO be
regarded as an Indian. and second, that
the allotment was made not for her bene-
fciary interest. but for the speculative
purposes Of others behind her. Here again
notice of all me parties involved. to pass
upon the questions involved in the con-
test and cancel the trust patent if it were
shown to have been issued on an allot-
ment enormously allowed.
still later case that Of Silico Saska.
decided IN 1892. covered to all intents the
same question AS the case of Sarah Blu
iron before described. SasTla separated
himself from his tribe took up the ways
OF civilization and entered upon IA home
stead-receiving. however. as an Indian,
only twenty-five year trust patent This
the secretary cancelled at the Indians re
quest. issuing in its stead patent in fee.
What the Indian Rights Association
wishes to do IS to take away the discre-
tionary power Of revocation entirely from
the secretary and confjne it to congress.
Senator Quay has introduced through
his colleague. q bill authorizing the sec
tary's authority in law during the time
that the United States may hold the title
to the land in trust for any such Indian.
and for which a conditional paten. may
have been issued. 10 rectify and correct
such mistakes and cancel any patent
which may have been thus enormously
ISSUED. whenever in his opinion, the same
ought 10 be cancelled for error IN the is
sue thereof etc. And the association
has attached 10 his bin a proviso that no
conditional patent SHAH he subject 70
cancellation without authority Of CON
gross excepting in cases horeinbefore au-
thorized. and excepting in cases where the
conditional patent is reliuquished by the
patentee or his heirs 10 take another al
Iotment."
The fears Of the association seem to he
based on what may happen rather than or
what has happened or is likely to happen
in the immediate future The present
secretary Of the interior. Mr.. Hitchcock.
under whose administration the decisions
cited above were rendered, is above all
suspicion as regards his wish to protect
the rights Of Indians against white as
sault: the two cases Of enfranchised In
dams taking up homesteads like other
citizens were free from any suggestion of
compulsion. as in both instances the can
collation. was simply for purposes Of eN-
change came from the patentees them
selves. and not from any contestant;
while the oEe instance Of outright cancel
lation Of the allotment was alleged to
have been tainted with fraud What
the association breads * the possibility
that, with the multitude of other business
pressing upon his attention some secre-
tarv in the future may carry his dscre-
ton so far as to make cancellations right
and left and thus play into the hands Of
the white settlers and spectators who.
by filing contests. can rob him 81 his
lands IL dfSCeruS also an element OF DeriI