The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1905-09-07

q siti0n that he should approve them.
Principal Chief McCurtaih and ! con
! ferred and decided First, that there
was no warrant Of law for the secre-
| tary's approval; and second. to permit
| him to do so would, by reason of de-
partmental delay and red tape, delay
! the delivery of the patents indef-
/ nitely.
| The differences existing between us
| and the Secretary were by him sub
! mitted to the Assistant AttorneyGen-
/ eral for the Interior Department, and
| an opinion was rendered sustaining
! the Secretary's position. In this we
did not acquiesce, believing the opin-
| ion wholly erroneous. We accordingly
proceeded with our preparations for
/ the execution and delivery OF patents
without reference to the Secretary of
/ the Interior The questions OF law
] were then, by the Secretary. submit
ted TO the Attorney-General of the
United States and in May of this
| year an opinion was rendered affirm
! ing the opinion of the Assistant At
| torney-General for the Interior De-
partment and again sustaining the po-
sition Of the Secretary of the Interior.
i At this iuncture, without conference
or any understanding whatever with
me. Principal Chief McCurtain DIS
patched his son, ID. &. McCurtain, to
Washington. who assumed TO speak
for both the Choctaw and Chlckasaw
Nations and who assured the Secreta-
nv of the Interior that his position was
now perfectly acceptable to the Chief
Executives of both Nations. The Sec.
rotary of the Interior then, at the sug-
stion of d. G. McCurtain, and with
out any knowledge or consent on my
part. prepared and promulgated rules
and regulations, in which it was pro
vided that all Choctaw patents should
be delivered to allotiees by the Prin'
cipal Chief Of the Choctaw Nation, and
that all Chickasnw patents should be
delivered by the Governor of ;he
Chickasaw Nation.
In view of the opinion of the Attor
ney.Genoral upholding the position oi
the Secretary of the Interior relative
to the approval of the patents, | saw
, no good reason for contending turtheT
/ upon that point, especially since III
, | view Of the attitude of Principal Chlel
, McCurtan, ! was deprived OF his sup
/, port. which was necessary in MAINTAIN
, ing the position we had so hrmly
agreed TO be the correct one, and
, accordingly advised the Secretary
Chough not through ID. c. McCurtan
, that | would not further contend
against his approval of patents. ! al
vised further, though, that the manner
of delivery of the patents agreed upon
= with ID. c. McCurtain was by no
means agreeable.
D was advised by the Secretary thai
D Notwithstanding my objections. the
2 plan of delivery would be carried out
5 Then IL was that | felt diplomacy tC
+ be no longer possessed of virtue. Ac
70 cordmgly ON July II, 1905, ! sent the
e Secretary of the Interior the follow
ing telegram:
P Further referring TO ChOctaw ant
+ Chickasaw patents and answering
e your telegram, July 9TH, have TO state
+ my objection is to plan of delivery
D agreed upon with ID. c, McCurtain.
e have no further objections TO appro
3 val Of patents by Secretary, as ad
4 yised by tribal attorneys on June 23rd
A If plan of delivery set forth in YOU
= letter June 22nd is carried ont 1t vii
[ result in favored grafters and lanC
= companies being furnished with copies
and scandal TO government and tribes
$ Am anxious for early execution ant
! delivery Of patents and am ready tt
t. co-oporatc with ;he department, bu
= / will have no share in responsibility
+ for inevitable result OF delivery as sug
$ gcsted To avoid this and in interes
T. of harmony and progress and willing
J. that Department make delivery direc
S To allottees and assume whole respon
T. Sihiity so that no copies Of patents
i be made for benefit of private indi
p yiduals. If doubt should exist that eN
T. ccution of present plan will result al
J. here stated. am ready 10 furnish fur
ther information Please advise I
d pres mt plan Of delivery viii be insist
e ed upon in light of this
II therefore appears, " thout de
i scending into details that must be Civ
i en-. unless my position is accepted
e that my reasons for obiecting to tn
r plan of delivery fixed up without con
o ference with me and without knowl
Z edge or consent ON my part, are of tn
a very best and designed for the protec
J. tion of those of our people who arr
helpless and need protection.
o My telegram of July IL, 1905, ant
/ above quoted has not yet been answer
l. ed. have every confidence that whel
IL Is acted upon my suggestion relativ
To the delivery OF patents viii be car
It ried out | am al a loss 10 see how, nm
d der the circumstances, the government
v can do otherwise
4 believe this explanation enectuaI
= ly disposes of the charge that ] an
P, delaying the execution and deliver
II of mai outs RI only remains for the reL
< resematives of the government OF III
el United States to give their assurance
that patents bearing mt signature vii
n be placed in the hands of allotttee
e entitled 10 them. without the inter
o. yeption of spectators and CRATER