The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1907-05-19

and the government In executing It
rs granting to these members their
equitable rights. They have assumed
charge Of IT, The court cannot. You
want me to take possession and stol
the ..ninistrati,n upon seven mil.
lion acres of land. You might as wei
ask the court TO run the governmen
u the whole Indian Territory. or IN,
government # the United States
/ That is pretty big contract for this
court to undertake. | don't think we
have any jurisdiction until the govern
ment has allotted this land To individ
ual Indians. and then II the officers
have made a mistake. then by reason
of that mistake a court Of equity will
come in and say, this man is entitled
To tnat land, to this particular piece
of land. and he will be damaged /
| you take It away arl give it to thie
man. T/re is an actual damage thai
ne has suffered It is not merely q
/ declaration II right
Now equity-By reason Of some cx.
prossions. it would seem the impres.
SION prevails that when YOU come into
a court Of equity YOU find a jurisdic-
tion as eXtensiveas the human imagi-
nation That is not correct. Equity I
limited just as much as the law is lin.
tied. Equity follows the law. and when
the law has done an improper ac'
equity will correct It: but they will
NOT correct II until the government
has got through and acted and passe,
title. and the title passed nv patent.
Then II there is a mistake. think a
court OF equity would have a right
to correct It.
Now the gentlemen say. a YOU car
show us any way in the world to ge
into court and litigate that question.
we will dismiss this bill. don't know
how you are going 10 get into court
It is impossible for me to tell. Con
gress mas regulated this euii.a mat
ter has taken charge of Il. and the
supreme court has sustained its legis.
lation and action They have declared
this property is public property, and
that no private individual has any
right to say anything about II. II thai
he tru >, there is no equity txiatihS N
the individual members. and the gov.
A. ~ n 10
tributlon of this trust, and no cow
will interfere with that administra.
tion, because II is pubic. politica'
duty that the government is discharg.
ing My judgment isl say my judg-
ment isl should Judge. from what
Mr.. Ballinger stated in regard to the
special committee that was down here
the committee on Indian affairs
that upon a proper representation IN,
government might say. we will revise
this investigation, and see II these of
ficers of the government have made
any mistakes. | don't know any other
way to reach 1t except in that sort
manner. II the government has
made a mistake, as a matter of course
Congress has the power through its
officers to correct that mistake.
OF course, Mr.. Humphreys position
is that this is not grant in pre-
senti, and he very forcibly presented
II. II is a matter you gentlemen
should think about; and. at any rate
all this administration of this trust
fund has been under the legislation OF
Congress, which has been sustained
by the supreme court and the officer
OF te interior department. or the of.
iiccrs selected by the government,
have been executing this trust anu
administering 1t. and therefore | don
see where this court has got any ir
risdiction whatever TO have anything
10 do with II. They are not asking for
the correction of mistake which In
wolves damage 10 an individual In
dion NJ all They don't ask even in the
bill that II is held TO be damage
to whole lot of them, It is dec
laratiOn simply of n right. when the
government has been administering II
all the way through as a public polit- f.
ical duty in the discharge AMI exaou.
tion - it's functions, doing it with .ho
consent Ct the tribes.
Now II occurs TO me that that IS
the end Of this proposition don't
think ! can do anytime with IL. !
don't think ! have any jurisy ttiln 10
touch 1t. | don't believe ! can take
charge and run this entire Indian
country What is It they ask? They
want me 10 enjoin the secretary ot
the interior and the whole alministra.
ti2n of this Indian business, stop IL