The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1907-01-25
indian Land Deal May Involve
Federal Statute
COMMITTEE INVESTIGATES
ADDITIONAL CHARGES
Cookies Additional Charges Will Not
Be Considered Until More Definite
Data Is Secured-The Senator
Not Required to Appear.

Austin Tex, January 24.-The special
committee appointed by the two branches
of the state legislature to investigate
charges preferred against United States
Senator Joseph ". Bailey met in joint
session today. The session was for the
greater part executive. While the proceed
ings were not made public, it is believed
that the additional charges preferred on
yesterday by Representative Cooke.
wherein it is charged that Senator Bailey
used his official position to manipulate
land deals IN Indian Territory to his pri-
vate gain, were considered. Because of the
grave character of the charges, involving
a possible violation of a federal statute.
the committee has decided to limit the
range of the inquiry until more definite
information can be secured.
The committee, after a lengthy debate
today, decided that Senator Bailey would
not be required to appear before the COM
mittee before all the evidence was sub
mtted. inasmuch as ,e was on the de-
fensive. With this und rstanding the COM
mittee will proceed to examine witnesses.
Senator Bailey is represented by four
and his opponents by two attorneys. Sem
dADl bdlltH has duuOuuttu lndl he VIII
not leave Austin until after the investlga-
ton is concluded.
Large Sums for Fee.
The additional charges preferred against
Senator Bailey by Representative Cooke
concerning alleged deals in Indian Ter
ritory lands, charge that in 1901 while
Senator Bailey represented the state OF
Texas in the uBited States Senate, he
represented s. B. Burnt of Fort WORTH
Tex. relative to the leasing of certain
lands Ill the Klowa and Gomanche reser-
vations from the department of the In
terror, and that the same Burnett for his
said services paid him large sums of
money as a fee or loan or gift. and that
In 1900 Senator Bailey represented the
firm of Sugg Bros. before the department
of the interior in reference to the APP
proyal of leases of I<iowa and Comanche
lands, which the firm were endeavoring
to lease and that large sums of money
were paid Senator Bailey in the way Of
fees, loans or gifts.
Continuing. the charges declare:
That about the year 1892 Judge j. NJ.
Lindsay of Gainesville Tex was inter-
ested In a railroad enterprise known as
the Gainesville, McAlister and st. Louis
Railroad company, and il was necessary
for said railroad company to obtain con
gressional authority for the right to con-
struct through the Indian Territory, and
it also desired to obtain from Congress
an extension Of the time in which to COM
plete the same. While the said j. M.
Lindsay was working in Washington to
procure said rights and looking after the
interests of the enterprise and seeking
said legislation at the hands of Con-
gress, and while Joseph W. Bailey as a
member of Congress was assisting In pro-
curing said legislation. said j. w Bailey,
knowing the interest of the said Lindsay
In the enterprise, took advantage of the
situation and procured a loan from said
Lindsay of 5000 said Lindsay at said
time not being IN the business of money
lendlhg, but being "A heavy borrower Of
money, as was wel known to said Bailey.
Regarded as Gift.
Upon being called upon to repay said
sum of money, which was evidenced by
a note, said Bailey was indignant, and
repaid same under protest thus evidence
ing the fact that he had regarded the
advancement of said money as a gift or
compensation, rather than loan to be
repaid.
THAT in the spring of 1898, c. b. Stuart
OF Gainesville. Tex, a former law part
ner of said Joseph w Bailey was APP
pointed judge OF the United States court
for the Indian Territory, and appointed
J. W. Phillips OF Gainesville, Tex, to
whom Bailey owed considerable sums of
money az clerk Of said court: that the
compensation of said Phillips as clerk.
was on salary basis under the law, as
II then existed; said j. w Bailey at
said time being a member of the judiciary
committee of the House of Representa-
tives of the United States Congress- pro-
cured the passage Of an act that was
approved November 3, 1893 Omitted States
statutes at large volume 2S), which put
said clerkship on a fee basis, and in
creased the compensation of the office
of the clerk TO the sum OF. to wit: About
$4,000 per year and thereafter during the
lifetime OF said Phillips now deceased
and during the incumbency of said Off
Ger, said Bailey procured large sums of
money from time to time from said Phil
lips as compensation, gift or loan, in re-
turn for his said services In the premises
aforesaid"
In conclusion, II Is charged that dur
ing the year 1903 Senator Bailey repre-
sented certain stock men who had been
ordered by the department of the in
terror to remove their stock from the
Kiowa and Comanohe reservations by the
secretary OF the department, and later on
an appeal to the President; that the said
stockmen contributed large sums OF money
to secure a modification OF the order, and
an action of time. and that huge sums
of money were paid to Senator Bailey
for services so rendered. or as gratluties
or loans.